Florida Senate - 2012                                    SB 1206
       By the Committee on Commerce and Tourism
       577-01554-12                                          20121206__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 288.075, F.S., which
    4         provides public records exemptions for information
    5         held by economic development agencies; saving from
    6         repeal the exemption concerning plans, intentions, or
    7         interests of a private corporation, partnership, or
    8         person to locate, relocate, or expand any of its
    9         business activities in this state; providing that the
   10         exemption applies if a request for confidentiality is
   11         made before an economic incentives agreement is
   12         signed; revising the duration of the period in which
   13         information may remain confidential and exempt from
   14         disclosure; saving from repeal the exemption for trade
   15         secrets; saving from repeal the exemption for
   16         proprietary confidential business information; saving
   17         from repeal the exemption for identification, account,
   18         and registration numbers and sales, wage, and tax data
   19         relating to a recipient of an economic development
   20         incentive; providing that the taxes paid by businesses
   21         participating in an economic incentive program may be
   22         disclosed in the aggregate; authorizing the disclosure
   23         of specified information relating to a business 90
   24         days after an economic incentive agreement is signed;
   25         removing the scheduled repeal of the exemptions;
   26         providing an effective date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Section 288.075, Florida Statutes, is amended to
   31  read:
   32         288.075 Confidentiality of records.—
   33         (1) DEFINITIONS.—As used in this section, the term:
   34         (a) “Economic development agency” means:
   35         1. The Department of Economic Opportunity;
   36         2. Any industrial development authority created in
   37  accordance with part III of chapter 159 or by special law;
   38         3. Space Florida created in part II of chapter 331;
   39         4. The public economic development agency of a county or
   40  municipality or, if the county or municipality does not have a
   41  public economic development agency, the county or municipal
   42  officers or employees assigned the duty to promote the general
   43  business interests or industrial interests of that county or
   44  municipality or the responsibilities related thereto;
   45         5. Any research and development authority created in
   46  accordance with part V of chapter 159; or
   47         6. Any private agency, person, partnership, corporation, or
   48  business entity when authorized by the state, a municipality, or
   49  a county to promote the general business interests or industrial
   50  interests of the state or that municipality or county.
   51         (b) “Proprietary confidential business information” means
   52  information that is owned or controlled by the corporation,
   53  partnership, or person requesting confidentiality under this
   54  section; that is intended to be and is treated by the
   55  corporation, partnership, or person as private in that the
   56  disclosure of the information would cause harm to the business
   57  operations of the corporation, partnership, or person; that has
   58  not been disclosed unless disclosed pursuant to a statutory
   59  provision, an order of a court or administrative body, or a
   60  private agreement providing that the information may be released
   61  to the public; and that is information concerning:
   62         1. Business plans.
   63         2. Internal auditing controls and reports of internal
   64  auditors.
   65         3. Reports of external auditors for privately held
   66  companies.
   67         (c) “Trade secret” has the same meaning as in s. 688.002.
   69         (a) If Upon written request from a private corporation,
   70  partnership, or person requests in writing before an economic
   71  incentive agreement is signed that, information held by an
   72  economic development agency maintain the confidentiality of
   73  information concerning plans, intentions, or interests of a such
   74  private corporation, partnership, or person to locate, relocate,
   75  or expand any of its business activities in this state, the
   76  information is confidential and exempt from s. 119.07(1) and s.
   77  24(a), Art. I of the State Constitution. The information will
   78  remain confidential and exempt for 12 months after the date an
   79  economic development agency receives a request for
   80  confidentiality, for 90 days after the signing of an economic
   81  incentive agreement, or until the information is otherwise
   82  disclosed, whichever occurs first.
   83         (b) An economic development agency may extend the period of
   84  confidentiality specified in paragraph (a) for up to an
   85  additional 12 months upon written request from the private
   86  corporation, partnership, or person who originally requested
   87  confidentiality under this section and upon a finding by the
   88  economic development agency that such private corporation,
   89  partnership, or person is still actively considering locating,
   90  relocating, or expanding its business activities in this state.
   91  Such a request for an extension in the period of confidentiality
   92  must be received prior to the expiration of any confidentiality
   93  originally provided under this section.
   94         (b)(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 of
  102  such public officer or employee; and
  103         3. In the professional judgment of the officer or employee,
  104  the agreement is necessary to effectuate an economic development
  105  project.
  106         (3) TRADE SECRETS.—Trade secrets held by an economic
  107  development agency are confidential and exempt from s. 119.07(1)
  108  and s. 24(a), Art. I of the State Constitution.
  110  Proprietary confidential business information held by an
  111  economic development agency is confidential and exempt from s.
  112  119.07(1) and s. 24(a), Art. I of the State Constitution, until
  113  such information is otherwise publicly available or is no longer
  114  treated by the proprietor as proprietary confidential business
  115  information.
  117  federal employer identification number, unemployment
  118  compensation account number, or Florida sales tax registration
  119  number held by an economic development agency is confidential
  120  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  121  Constitution.
  123         (a) The following information held by an economic
  124  development agency pursuant to the administration of an economic
  125  incentive program for qualified businesses is confidential and
  126  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  127  Constitution for a period not to exceed the duration of the
  128  incentive agreement, including an agreement authorizing a tax
  129  refund or tax credit, or upon termination of the incentive
  130  agreement:
  131         1. The percentage of the business’s sales occurring outside
  132  this state and, for businesses applying under s. 288.1045, the
  133  percentage of the business’s gross receipts derived from
  134  Department of Defense contracts during the 5 years immediately
  135  preceding the date the business’s application is submitted.
  136         2. The anticipated wages for the project jobs that the
  137  business plans to create, as reported on the application for
  138  certification.
  139         2.3.The average wage actually paid by the business for
  140  those jobs created by the project or An individual employee’s
  141  personal identifying information that which is held as evidence
  142  of the achievement or nonachievement of the wage requirements of
  143  the tax refund, tax credit, or incentive agreement programs or
  144  of the job creation requirements of such programs.
  145         3.4. The amount of:
  146         a. Taxes on sales, use, and other transactions paid
  147  pursuant to chapter 212;
  148         b. Corporate income taxes paid pursuant to chapter 220;
  149         c. Intangible personal property taxes paid pursuant to
  150  chapter 199;
  151         d. Insurance premium taxes paid pursuant to chapter 624;
  152         e. Excise taxes paid on documents pursuant to chapter 201;
  153         f. Ad valorem taxes paid, as defined in s. 220.03(1); or
  154         g. State communications services taxes paid pursuant to
  155  chapter 202.
  157  However, an economic development agency may disclose in the
  158  annual incentives report required under s. 288.907 the aggregate
  159  amount of each tax identified in this subparagraph and paid by
  160  all businesses participating in each economic incentive program.
  161         (b)1. The following information held by an economic
  162  development agency relating to a specific business participating
  163  in an economic incentive program is not confidential or exempt
  164  from disclosure 90 days after an economic incentive agreement is
  165  signed with that business An economic development agency may
  166  release:
  167         a. The name names of the qualified business businesses.
  168         b. The total number of jobs the each business committed
  169  expects to create or retain.
  170         c. The total number of jobs created or retained by the each
  171  business.
  172         d. Notwithstanding s. 213.053(2), the amount of tax
  173  refunds, tax credits, or incentives awarded to, and claimed by,
  174  or, if applicable, refunded to the state by the each business.
  175         e. The anticipated total annual wages of employees the
  176  business committed to hire or retain.
  177         2. For a business applying for certification under s.
  178  288.1045 which is based on obtaining a new Department of Defense
  179  contract, the total number of jobs expected and the amount of
  180  tax refunds claimed may not be released until the new Department
  181  of Defense contract is awarded.
  182         (c) An economic development agency may publish statistics
  183  in the aggregate and classified so as to prevent the
  184  identification of a single qualified applicant.
  185         (7) PENALTIES.—Any person who is an employee of an economic
  186  development agency who violates the provisions of this section
  187  commits a misdemeanor of the second degree, punishable as
  188  provided in s. 775.082 or s. 775.083.
  189         (8) LEGISLATIVE REVIEW OF EXEMPTIONS.—This section is
  190  subject to the Open Government Sunset Review Act in accordance
  191  with s. 119.15 and shall stand repealed on October 2, 2012,
  192  unless reviewed and saved from repeal through reenactment by the
  193  Legislature.
  194         Section 2. This act shall take effect upon becoming a law.