Senate Bill sb7012pb

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7012

    FOR CONSIDERATION By the Committee on Commerce





    577-418A-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  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7012
    577-418A-07




 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;

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

 9  in accordance with part V of chapter 159; or

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

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

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

13  interests or industrial interests of the state or that

14  municipality or county.

15         (b)  "Proprietary confidential business information"

16  means information that is owned or controlled by the

17  corporation, partnership, or person requesting confidentiality

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

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

20  disclosure of the information would cause harm to the business

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

22  has not been disclosed unless disclosed pursuant to a

23  statutory provision, an order of a court or administrative

24  body, or a private agreement providing that the information

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

26  concerning:

27         1.  Business plans.

28         2.  Internal auditing controls and reports of internal

29  auditors.

30         3.  Reports of external auditors for privately held

31  companies.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7012
    577-418A-07




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

 2  688.002.

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

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

 5  partnership, or person, information held by an economic

 6  development agency concerning plans, intentions, or interests

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

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

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

10  24(a), Art. I of the State Constitution for 12 months after

11  the date an economic development agency receives a request for

12  confidentiality or until the information is otherwise

13  disclosed, whichever occurs first.

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

15  period of confidentiality specified in paragraph (a)

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

17  request from the private corporation, partnership, or person

18  who originally requested confidentiality under this section

19  and upon a finding by the economic development agency that

20  such private corporation, partnership, or person is still

21  actively considering locating, relocating, or expanding its

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

23  extension in the period of confidentiality must be received

24  prior to the expiration of any confidentiality originally

25  provided under this section.

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

27  binding agreement with any corporation, partnership, or person

28  who has requested confidentiality of information under this

29  subsection until 90 days after the information is made public

30  unless:

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7012
    577-418A-07




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

 2  official capacity;

 3         2.  The agreement does not accrue to the personal

 4  benefit of such public officer or employee; and

 5         3.  In the professional judgment of the officer or

 6  employee, the agreement is necessary to effectuate an economic

 7  development project.

 8         (3)(4)  TRADE SECRETS.--Trade secrets held by, as

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

10  development agency relating to the plans, intentions, or

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

12  requested confidentiality pursuant to this section are

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

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

15  economic development agency receives a request for

16  confidentiality or until otherwise disclosed, whichever occurs

17  first.

18         (4)  PROPRIETARY CONFIDENTIAL BUSINESS

19  INFORMATION.--Proprietary confidential business information

20  held by an economic development agency is confidential and

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

22  Constitution.

23         (5)  IDENTIFICATION, ACCOUNT, AND REGISTRATION

24  NUMBERS.--A federal employer identification number,

25  unemployment compensation account number, or Florida sales tax

26  registration number held by an economic development agency is

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

28  of the State Constitution.

29         (6)  ECONOMIC INCENTIVE PROGRAMS.--

30         (a)  The following information held by an economic

31  development agency pursuant to the administration of an

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7012
    577-418A-07




 1  economic incentive program for qualified businesses is

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

 3  of the State Constitution, for a period not to exceed the

 4  duration of the tax refund, tax credit, or incentive

 5  agreement:

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

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

 8  288.1045, the percentage of the business's gross receipts

 9  derived from Department of Defense contracts during the 5

10  years immediately preceding the date the business's

11  application is submitted.

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

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

14  certification.

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

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

17  identifying information which is held as evidence of the

18  achievement or nonachievement of the wage requirements of the

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

20  the job-creation requirements of such programs.

21         4.  The amount of:

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

23  are paid pursuant to chapter 212;

24         b.  Corporate income taxes paid pursuant to chapter

25  220;

26         c.  Intangible personal property taxes paid pursuant to

27  chapter 199;

28         d.  Emergency excise taxes paid pursuant to chapter

29  221;

30         e.  Insurance premium taxes paid pursuant to chapter

31  624;

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7012
    577-418A-07




 1         f.  Excise taxes paid on documents pursuant to chapter

 2  201; or

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

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

 5         a.  Names of qualified businesses.

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

 7  create.

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

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

10  incentives awarded to and claimed by each business.

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

12  288.1045 which is based on obtaining a new Department of

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

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

15  new Department of Defense contract is awarded.

16         (c)  An economic development agency may publish

17  statistics in the aggregate and classified so as to prevent

18  the identification of a single qualified applicant.

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

20  binding agreement with any corporation, partnership, or person

21  who has requested confidentiality of information pursuant to

22  this section until 90 days after the information is made

23  public unless:

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

25  official capacity;

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

27  benefit of such public officer or employee; and

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

29  employee, the agreement is necessary to effectuate an economic

30  development project.

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7012
    577-418A-07




 1         (7)(6)  PENALTIES.--Any person who is an employee of an

 2  economic development agency who violates the provisions of

 3  this section commits a misdemeanor of the second degree,

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

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

 6  is subject to the Open Government Sunset Review Act in

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

 8  2, 2012, unless reviewed and saved from repeal through

 9  reenactment by the Legislature.

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

11  necessity to provide confidentiality for certain information

12  concerning businesses which is contained in records of an

13  economic development agency or of a business participating in

14  a state incentive program. The disclosure of information such

15  as trade secrets, proprietary confidential business

16  information, or other business information could injure a

17  business in the marketplace by providing its competitors with

18  detailed insights into the strategic plans of the business or

19  with confidential personnel information, thereby diminishing

20  the advantage that the business maintains over those that do

21  not possess such information. Without these exemptions,

22  private-sector businesses, whose records generally are not

23  required to be open to the public, might refrain from

24  participating in economic-development programs or tax-credit

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

26  incentives available under the programs. If a business were

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

28  locate its business and other investment activities outside

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

30  potential economic benefits associated with such business

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

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7012
    577-418A-07




 1  marketplace and to the effective administration of

 2  economic-development and incentive programs caused by the

 3  public disclosure of such information far outweighs the public

 4  benefits derived from the release of the information.

 5         Section 3.  Section 288.1067, Florida Statutes, is

 6  repealed.

 7         Section 4.  This act shall take effect October 1, 2007.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Extends for an unlimited duration the exemption from
      public-records requirements which is provided for trade
12    secrets contained in records of an economic development
      agency. Extends the period of confidentiality provided
13    for certain information concerning a business that
      participates in a state incentive program. Provides that
14    proprietary confidential business information contained
      in records of an economic development agency is exempt
15    from public-records requirements. Provides for future
      legislative review and repeal of the exemptions under the
16    Open Government Sunset Review Act. Provides a finding of
      public necessity.
17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.