Senate Bill sb1182c1

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    Florida Senate - 2007                           CS for SB 1182

    By the Committees on Governmental Operations; and Commerce





    585-2676-07

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         288.075, F.S.; defining the terms "proprietary

  4         confidential business information" and "trade

  5         secret"; extending the period of

  6         confidentiality for trade secrets; extending

  7         the period of confidentiality for a business's

  8         federal employment identification number,

  9         unemployment compensation account number, and

10         Florida sales tax registration number;

11         providing for the confidentiality of

12         information that would identify wages, taxes,

13         and other employment information; providing for

14         future legislative review and repeal under the

15         Open Government Sunset Review Act; providing a

16         statement of public necessity; repealing s.

17         288.1067, F.S., relating to the confidentiality

18         of records held by the Office of Tourism,

19         Trade, and Economic Development, Enterprise

20         Florida, Inc., or county or municipal

21         governmental entities, and their employees or

22         agents; providing an effective date.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  Section 288.075, Florida Statutes, is

27  amended to read:

28         288.075  Confidentiality of records.--

29         (1)  DEFINITIONS.--As used in this section, the term:

30         (a)  "Economic development agency" means:

31  

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    Florida Senate - 2007                           CS for SB 1182
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 1         1.(a)  The Office of Tourism, Trade, and Economic

 2  Development;

 3         2.(b)  Any industrial development authority created in

 4  accordance with part III of chapter 159 or by special law;

 5         3.(c)  Space Florida created in part II of chapter 331;

 6         4.(d)  The public economic development agency of a

 7  county or municipality or, if the county or municipality does

 8  not have a public economic development agency, the officers or

 9  employees assigned the duty of promoting the general business

10  interests or industrial interests of that county or

11  municipality or responsibilities related thereto;

12         5.(e)  Any research and development authority created

13  in accordance with part V of chapter 159; or

14         6.(f)  Any private agency, person, partnership,

15  corporation, or business entity when authorized by the state,

16  a municipality, or a county to promote the general business

17  interests or industrial interests of the state or that

18  municipality or county.

19         (b)  "Proprietary confidential business information"

20  means information that is owned or controlled by the

21  corporation, partnership, or person requesting confidentiality

22  under this section; that is intended to be and is treated by

23  the corporation, partnership, or person as private in that the

24  disclosure of the information would cause harm to the business

25  operations of the corporation, partnership, or person; that

26  has not been disclosed unless disclosed pursuant to a

27  statutory provision, an order of a court or administrative

28  body, or a private agreement providing that the information

29  may be released to the public; and that is information

30  concerning:

31         1.  Business plans.

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    Florida Senate - 2007                           CS for SB 1182
    585-2676-07




 1         2.  Internal auditing controls and reports of internal

 2  auditors.

 3         3.  Reports of external auditors for privately held

 4  companies.

 5         (c)  "Trade secret" has the same meaning as in s.

 6  688.002.

 7         (2)  PLANS, INTENTIONS, AND INTERESTS.--

 8         (a)  Upon written request from a private corporation,

 9  partnership, or person, information held by an economic

10  development agency concerning plans, intentions, or interests

11  of such private corporation, partnership, or person to locate,

12  relocate, or expand any of its business activities in this

13  state is confidential and exempt from s. 119.07(1) and s.

14  24(a), Art. I of the State Constitution for 12 months after

15  the date an economic development agency receives a request for

16  confidentiality or until the information is otherwise

17  disclosed, whichever occurs first.

18         (b)(3)  An economic development agency may extend the

19  period of confidentiality specified in paragraph (a)

20  subsection (2) for up to an additional 12 months upon written

21  request from the private corporation, partnership, or person

22  who originally requested confidentiality under this section

23  and upon a finding by the economic development agency that

24  such private corporation, partnership, or person is still

25  actively considering locating, relocating, or expanding its

26  business activities in this state. Such a request for an

27  extension in the period of confidentiality must be received

28  prior to the expiration of any confidentiality originally

29  provided under this section.

30         (c)  A public officer or employee may not enter into a

31  binding agreement with any corporation, partnership, or person

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    Florida Senate - 2007                           CS for SB 1182
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 1  who has requested confidentiality of information under this

 2  subsection until 90 days after the information is made public

 3  unless:

 4         1.  The public officer or employee is acting in an

 5  official capacity;

 6         2.  The agreement does not accrue to the personal

 7  benefit of such public officer or employee; and

 8         3.  In the professional judgment of the officer or

 9  employee, the agreement is necessary to effectuate an economic

10  development project.

11         (3)(4)  TRADE SECRETS.--Trade secrets held by, as

12  defined by s. 812.081, contained in the records of an economic

13  development agency relating to the plans, intentions, or

14  interests of a corporation, partnership, or person who has

15  requested confidentiality pursuant to this section are

16  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

17  of the State Constitution for 10 years after the date an

18  economic development agency receives a request for

19  confidentiality or until otherwise disclosed, whichever occurs

20  first.

21         (4)  PROPRIETARY CONFIDENTIAL BUSINESS

22  INFORMATION.--Proprietary confidential business information

23  held by an economic development agency is confidential and

24  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

25  Constitution until such information is otherwise publicly

26  available or is no longer treated by the proprietor as

27  proprietary confidential business information.

28         (5)  IDENTIFICATION, ACCOUNT, AND REGISTRATION

29  NUMBERS.--A federal employer identification number,

30  unemployment compensation account number, or Florida sales tax

31  registration number held by an economic development agency is

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    Florida Senate - 2007                           CS for SB 1182
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 1  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

 2  of the State Constitution.

 3         (6)  ECONOMIC INCENTIVE PROGRAMS.--

 4         (a)  The following information held by an economic

 5  development agency pursuant to the administration of an

 6  economic incentive program for qualified businesses is

 7  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

 8  of the State Constitution for a period not to exceed the

 9  duration of the incentive agreement, including an agreement

10  authorizing a tax refund or credit, or upon termination of the

11  incentive agreement:

12         1.  The percentage of the business's sales occurring

13  outside this state and, for businesses applying under s.

14  288.1045, the percentage of the business's gross receipts

15  derived from Department of Defense contracts during the 5

16  years immediately preceding the date the business's

17  application is submitted.

18         2.  The anticipated wages for the project jobs that the

19  business plans to create, as reported on the application for

20  certification.

21         3.  The average wage actually paid by the business for

22  those jobs created by the project or an employee's personal

23  identifying information which is held as evidence of the

24  achievement or nonachievement of the wage requirements of the

25  tax refund, tax credit, or incentive agreement programs or of

26  the job-creation requirements of such programs.

27         4.  The amount of:

28         a.  Taxes on sales, use, and other transactions which

29  are paid pursuant to chapter 212;

30         b.  Corporate income taxes paid pursuant to chapter

31  220;

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    Florida Senate - 2007                           CS for SB 1182
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 1         c.  Intangible personal property taxes paid pursuant to

 2  chapter 199;

 3         d.  Emergency excise taxes paid pursuant to chapter

 4  221;

 5         e.  Insurance premium taxes paid pursuant to chapter

 6  624;

 7         f.  Excise taxes paid on documents pursuant to chapter

 8  201;

 9         g.  Ad valorem taxes paid, as defined in s. 220.03(1);

10  or

11         h.  State communications services taxes paid pursuant

12  to chapter 202.

13         (b)1.  An economic development agency may release:

14         a.  Names of qualified businesses.

15         b.  The total number of jobs each business expects to

16  create.

17         c.  The total number of jobs created by each business.

18         d.  The amount of tax refunds, tax credits, or

19  incentives awarded to and claimed by each business.

20         2.  For a business applying for certification under s.

21  288.1045 which is based on obtaining a new Department of

22  Defense contract, the total number of jobs expected and the

23  amount of tax refunds claimed may not be released until the

24  new Department of Defense contract is awarded.

25         (c)  An economic development agency may publish

26  statistics in the aggregate and classified so as to prevent

27  the identification of a single qualified applicant.

28         (5)  A public officer or employee may not enter into a

29  binding agreement with any corporation, partnership, or person

30  who has requested confidentiality of information pursuant to

31  

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    Florida Senate - 2007                           CS for SB 1182
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 1  this section until 90 days after the information is made

 2  public unless:

 3         (a)  The public officer or employee is acting in an

 4  official capacity;

 5         (b)  The agreement does not accrue to the personal

 6  benefit of such public officer or employee; and

 7         (c)  In the professional judgment of the officer or

 8  employee, the agreement is necessary to effectuate an economic

 9  development project.

10         (7)(6)  PENALTIES.--Any person who is an employee of an

11  economic development agency who violates the provisions of

12  this section commits a misdemeanor of the second degree,

13  punishable as provided in s. 775.082 or s. 775.083.

14         (8)  OPEN GOVERNMENT SUNSET REVIEW ACT.--This section

15  is subject to the Open Government Sunset Review Act in

16  accordance with s. 119.15 and shall stand repealed on October

17  2, 2012, unless reviewed and saved from repeal through

18  reenactment by the Legislature.

19         Section 2.  The Legislature finds that it is a public

20  necessity to provide confidentiality for certain information

21  concerning businesses which is contained in records of an

22  economic development agency or of a business participating in

23  a state incentive program. The disclosure of information such

24  as trade secrets, proprietary confidential business

25  information, or other business information could injure a

26  business in the marketplace by providing its competitors with

27  detailed insights into the strategic plans of the business or

28  with confidential personnel information, thereby diminishing

29  the advantage that the business maintains over those that do

30  not possess such information. Without these exemptions,

31  private-sector businesses, whose records generally are not

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    Florida Senate - 2007                           CS for SB 1182
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 1  required to be open to the public, might refrain from

 2  participating in economic-development programs or tax-credit

 3  or tax-refund programs and thus would not be able to use the

 4  incentives available under the programs. If a business were

 5  unable to use the incentives, the business might choose to

 6  locate its business and other investment activities outside

 7  the state, which would deprive the state and the public of the

 8  potential economic benefits associated with such business

 9  activities in this state. The harm to businesses in the

10  marketplace and to the effective administration of

11  economic-development and incentive programs caused by the

12  public disclosure of such information far outweighs the public

13  benefits derived from the release of the information.

14         Section 3.  Section 288.1067, Florida Statutes, is

15  repealed.

16         Section 4.  This act shall take effect July 1, 2007.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1182

20                                 

21  Clarifies that proprietary confidential business information
    that is no longer treated by the proprietor as such or which
22  information is otherwise publicly available is not protected.

23  Provides expiration of exemption for certain information upon
    termination of an incentive agreement.
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