HB 7201

1	A bill to be entitled
2	An act relating to public records exemptions for economic
3	development agencies; amending s. 288.075, F.S., which
4	provides an exemption from public records requirements for
5	information related to business activities and trade
6	secrets held by an economic development agency; defining
7	the terms "proprietary confidential business information"
8	and "trade secret"; reorganizing the exemption; extending
9	the period of confidentiality for trade secrets; providing
10	a specific exemption for proprietary confidential business
11	information; providing for expiration of the exemption;
12	providing a specific exemption for federal employer
13	identification numbers, unemployment compensation account
14	numbers, and Florida sales tax registration numbers held
15	by an economic development agency; providing a specific
16	exemption for specified information held by an economic
17	development agency pursuant to the administration of an
18	economic incentive program for qualified businesses;
19	providing for limited duration of the exemption; providing
20	penalties; providing for future legislative review and
21	repeal under the Open Government Sunset Review Act;
22	providing a statement of public necessity; repealing s.
23	288.1067, F.S., relating to the confidentiality of records
24	held by the Office of Tourism, Trade, and Economic
25	Development, Enterprise Florida, Inc., or county or
26	municipal governmental entities pursuant to specified
27	incentive programs; providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Section 288.075, Florida Statutes, is amended
32	to read:
33	288.075  Confidentiality of records.--
34	(1)  DEFINITIONS.--As used in this section, the term:
35	(a)  "Economic development agency" means:
36	1.(a)  The Office of Tourism, Trade, and Economic
37	Development;
38	2.(b)  Any industrial development authority created in
39	accordance with part III of chapter 159 or by special law;
40	3.(c)  Space Florida created in part II of chapter 331;
41	4.(d)  The public economic development agency of a county
42	or municipality or, if the county or municipality does not have
43	a public economic development agency, the county or municipal
44	officers or employees assigned the duty to promote the general
45	business interests or industrial interests of that county or
46	municipality or the responsibilities related thereto;
47	5.(e)  Any research and development authority created in
48	accordance with part V of chapter 159; or
49	6.(f)  Any private agency, person, partnership,
50	corporation, or business entity when authorized by the state, a
51	municipality, or a county to promote the general business
52	interests or industrial interests of the state or that
53	municipality or county.
54	(b)  "Proprietary confidential business information" means
55	information that is owned or controlled by the corporation,
56	partnership, or person requesting confidentiality under this
57	section; that is intended to be and is treated by the
58	corporation, partnership, or person as private in that the
59	disclosure of the information would cause harm to the business
60	operations of the corporation, partnership, or person; that has
61	not been disclosed unless disclosed pursuant to a statutory
62	provision, an order of a court or administrative body, or a
63	private agreement providing that the information may be released
64	to the public; and that is information concerning:
65	1.  Business plans.
66	2.  Internal auditing controls and reports of internal
67	auditors.
68	3.  Reports of external auditors for privately held
69	companies.
70	(c)  "Trade secret" has the same meaning as in s. 688.002.
71	(2)  PLANS, INTENTIONS, AND INTERESTS.--
72	(a)  Upon written request from a private corporation,
73	partnership, or person, information held by an economic
74	development agency concerning plans, intentions, or interests of
75	such private corporation, partnership, or person to locate,
76	relocate, or expand any of its business activities in this state
77	is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
78	I of the State Constitution for 12 months after the date an
79	economic development agency receives a request for
80	confidentiality or until the information is otherwise disclosed,
81	whichever occurs first.
82	(b)(3)  An economic development agency may extend the
83	period of confidentiality specified in paragraph (a) subsection
84	(2) for up to an additional 12 months upon written request from
85	the private corporation, partnership, or person who originally
86	requested confidentiality under this section and upon a finding
87	by the economic development agency that such private
88	corporation, partnership, or person is still actively
89	considering locating, relocating, or expanding its business
90	activities in this state. Such a request for an extension in the
91	period of confidentiality must be received prior to the
92	expiration of any confidentiality originally provided under this
93	section.
94	(c)  A public officer or employee may not enter into a
95	binding agreement with any corporation, partnership, or person
96	who has requested confidentiality of information under this
97	subsection until 90 days after the information is made public
98	unless:
99	1.  The public officer or employee is acting in an official
100	capacity;
101	2.  The agreement does not accrue to the personal benefit
102	of such public officer or employee; and
103	3.  In the professional judgment of the officer or
104	employee, the agreement is necessary to effectuate an economic
105	development project.
106	(3)(4)  TRADE SECRETS.--Trade secrets held by, as defined
107	by s. 812.081, contained in the records of an economic
108	development agency relating to the plans, intentions, or
109	interests of a corporation, partnership, or person who has
110	requested confidentiality pursuant to this section are
111	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
112	of the State Constitution for 10 years after the date an
113	economic development agency receives a request for
114	confidentiality or until otherwise disclosed, whichever occurs
115	first.
116	(4)  PROPRIETARY CONFIDENTIAL BUSINESS
117	INFORMATION.--Proprietary confidential business information held
118	by an economic development agency is confidential and exempt
119	from s. 119.07(1) and s. 24(a), Art. I of the State
120	Constitution, until such information is otherwise publicly
121	available or is no longer treated by the proprietor as
122	proprietary confidential business information.
123	(5)  IDENTIFICATION, ACCOUNT, AND REGISTRATION NUMBERS.--A
124	federal employer identification number, unemployment
125	compensation account number, or Florida sales tax registration
126	number held by an economic development agency is confidential
127	and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
128	Constitution.
129	(6)  ECONOMIC INCENTIVE PROGRAMS.--
130	(a)  The following information held by an economic
131	development agency pursuant to the administration of an economic
132	incentive program for qualified businesses is confidential and
133	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
134	Constitution for a period not to exceed the duration of the
135	incentive agreement, including an agreement authorizing a tax
136	refund or tax credit, or upon termination of the incentive
137	agreement:
138	1.  The percentage of the business's sales occurring
139	outside this state and, for businesses applying under s.
140	288.1045, the percentage of the business's gross receipts
141	derived from Department of Defense contracts during the 5 years
142	immediately preceding the date the business's application is
143	submitted.
144	2.  The anticipated wages for the project jobs that the
145	business plans to create, as reported on the application for
146	certification.
147	3.  The average wage actually paid by the business for
148	those jobs created by the project or an employee's personal
149	identifying information which is held as evidence of the
150	achievement or nonachievement of the wage requirements of the
151	tax refund, tax credit, or incentive agreement programs or of
152	the job creation requirements of such programs.
153	4.  The amount of:
154	a.  Taxes on sales, use, and other transactions paid
155	pursuant to chapter 212;
156	b.  Corporate income taxes paid pursuant to chapter 220;
157	c.  Intangible personal property taxes paid pursuant to
158	chapter 199;
159	d.  Emergency excise taxes paid pursuant to chapter 221;
160	e.  Insurance premium taxes paid pursuant to chapter 624;
161	f.  Excise taxes paid on documents pursuant to chapter 201;
162	g.  Ad valorem taxes paid, as defined in s. 220.03(1); or
163	h.  State communications services taxes paid pursuant to
164	chapter 202.
165	(b)1.  An economic development agency may release:
166	a.  Names of qualified businesses.
167	b.  The total number of jobs each business expects to
168	create.
169	c.  The total number of jobs created by each business.
170	d.  The amount of tax refunds, tax credits, or incentives
171	awarded to and claimed by each business.
172	2.  For a business applying for certification under s.
173	288.1045 which is based on obtaining a new Department of Defense
174	contract, the total number of jobs expected and the amount of
175	tax refunds claimed may not be released until the new Department
176	of Defense contract is awarded.
177	(c)  An economic development agency may publish statistics
178	in the aggregate and classified so as to prevent the
179	identification of a single qualified applicant.
180	(5)  A public officer or employee may not enter into a
181	binding agreement with any corporation, partnership, or person
182	who has requested confidentiality of information pursuant to
183	this section until 90 days after the information is made public
184	unless:
185	(a)  The public officer or employee is acting in an
186	official capacity;
187	(b)  The agreement does not accrue to the personal benefit
188	of such public officer or employee; and
189	(c)  In the professional judgment of the officer or
190	employee, the agreement is necessary to effectuate an economic
191	development project.
192	(7)(6)  PENALTIES.--Any person who is an employee of an
193	economic development agency who violates the provisions of this
194	section commits a misdemeanor of the second degree, punishable
195	as provided in s. 775.082 or s. 775.083.
196	(8)  LEGISLATIVE REVIEW OF EXEMPTIONS.--This section is
197	subject to the Open Government Sunset Review Act in accordance
198	with s. 119.15 and shall stand repealed on October 2, 2012,
199	unless reviewed and saved from repeal through reenactment by the
200	Legislature.
201	Section 2.  The Legislature finds that it is a public
202	necessity to provide confidentiality for certain information
203	concerning businesses participating in a state incentive program
204	held by an economic development agency. The disclosure of
205	information such as trade secrets, proprietary confidential
206	business information, or other business information could injure
207	a business in the marketplace by providing its competitors with
208	detailed insights into the strategic plans of the business or
209	with confidential personnel information, thereby diminishing the
210	advantage that the business maintains over those that do not
211	possess such information. Without these exemptions, private-
212	sector businesses, whose records generally are not required to
213	be open to the public, might refrain from participating in
214	economic development programs or tax credit or tax refund
215	programs and thus would not be able to use the incentives
216	available under the programs. If a business were unable to use
217	the incentives, the business might choose to locate its business
218	and other investment activities outside the state, which would
219	deprive the state and the public of the potential economic
220	benefits associated with such business activities in this state.
221	The harm to businesses in the marketplace and to the effective
222	administration of economic development and incentive programs
223	caused by the public disclosure of such information far
224	outweighs the public benefits derived from the release of the
225	information.
226	Section 3.  Section 288.1067, Florida Statutes, is
227	repealed.
228	Section 4.  This act shall take effect July 1, 2007.

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