Florida Senate - 2012                             CS for SB 1206
       By the Committees on Commerce and Tourism; and Commerce and
       577-02027-12                                          20121206c1
    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 incentive agreement is signed;
   12         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 180
   24         days after the final project order for an economic
   25         incentive agreement is issued, until a date specified
   26         in the final project order, or if the information is
   27         otherwise disclosed, whichever occurs first; removing
   28         the scheduled repeal of the exemptions; providing an
   29         effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Section 288.075, Florida Statutes, is amended to
   34  read:
   35         288.075 Confidentiality of records.—
   36         (1) DEFINITIONS.—As used in this section, the term:
   37         (a) “Economic development agency” means:
   38         1. The Department of Economic Opportunity;
   39         2. Any industrial development authority created in
   40  accordance with part III of chapter 159 or by special law;
   41         3. Space Florida created in part II of chapter 331;
   42         4. The public economic development agency of a county or
   43  municipality or, if the county or municipality does not have a
   44  public economic development agency, the county or municipal
   45  officers or employees assigned the duty to promote the general
   46  business interests or industrial interests of that county or
   47  municipality or the responsibilities related thereto;
   48         5. Any research and development authority created in
   49  accordance with part V of chapter 159; or
   50         6. Any private agency, person, partnership, corporation, or
   51  business entity when authorized by the state, a municipality, or
   52  a county to promote the general business interests or industrial
   53  interests of the state or that 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.
   72         (a) If Upon written request from a private corporation,
   73  partnership, or person requests in writing before an economic
   74  incentive agreement is signed that, information held by an
   75  economic development agency maintain the confidentiality of
   76  information concerning plans, intentions, or interests of a such
   77  private corporation, partnership, or person to locate, relocate,
   78  or expand any of its business activities in this state, the
   79  information is confidential and exempt from s. 119.07(1) and s.
   80  24(a), Art. I of the State Constitution. The information will
   81  remain confidential and exempt for 12 months after the date an
   82  economic development agency receives a request for
   83  confidentiality, for 180 days after a final project order for a
   84  signed economic incentive agreement is issued, until a date
   85  specified in the final project order, or until the information
   86  is otherwise disclosed, whichever occurs first.
   87         (b) An economic development agency may extend the period of
   88  confidentiality specified in paragraph (a) for up to an
   89  additional 12 months upon written request from the private
   90  corporation, partnership, or person who originally requested
   91  confidentiality under this section and upon a finding by the
   92  economic development agency that such private corporation,
   93  partnership, or person is still actively considering locating,
   94  relocating, or expanding its business activities in this state.
   95  Such a request for an extension in the period of confidentiality
   96  must be received prior to the expiration of any confidentiality
   97  originally provided under this section.
   98         (b)(c) A public officer or employee may not enter into a
   99  binding agreement with any corporation, partnership, or person
  100  who has requested confidentiality of information under this
  101  subsection until 90 days after the information is made public
  102  unless:
  103         1. The public officer or employee is acting in an official
  104  capacity;
  105         2. The agreement does not accrue to the personal benefit of
  106  such public officer or employee; and
  107         3. In the professional judgment of the officer or employee,
  108  the agreement is necessary to effectuate an economic development
  109  project.
  110         (3) TRADE SECRETS.—Trade secrets held by an economic
  111  development agency are confidential and exempt from s. 119.07(1)
  112  and s. 24(a), Art. I of the State Constitution.
  114  Proprietary confidential business information held by an
  115  economic development agency is confidential and exempt from s.
  116  119.07(1) and s. 24(a), Art. I of the State Constitution, until
  117  such information is otherwise publicly available or is no longer
  118  treated by the proprietor as proprietary confidential business
  119  information.
  121  federal employer identification number, unemployment
  122  compensation account number, or Florida sales tax registration
  123  number held by an economic development agency is confidential
  124  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  125  Constitution.
  127         (a) The following information held by an economic
  128  development agency pursuant to the administration of an economic
  129  incentive program for qualified businesses is confidential and
  130  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  131  Constitution for a period not to exceed the duration of the
  132  incentive agreement, including an agreement authorizing a tax
  133  refund or tax credit, or upon termination of the incentive
  134  agreement:
  135         1. The percentage of the business’s sales occurring outside
  136  this state and, for businesses applying under s. 288.1045, the
  137  percentage of the business’s gross receipts derived from
  138  Department of Defense contracts during the 5 years immediately
  139  preceding the date the business’s application is submitted.
  140         2. The anticipated wages for the project jobs that the
  141  business plans to create, as reported on the application for
  142  certification.
  143         2.3.The average wage actually paid by the business for
  144  those jobs created by the project or An individual employee’s
  145  personal identifying information that which is held as evidence
  146  of the achievement or nonachievement of the wage requirements of
  147  the tax refund, tax credit, or incentive agreement programs or
  148  of the job creation requirements of such programs.
  149         3.4. The amount of:
  150         a. Taxes on sales, use, and other transactions paid
  151  pursuant to chapter 212;
  152         b. Corporate income taxes paid pursuant to chapter 220;
  153         c. Intangible personal property taxes paid pursuant to
  154  chapter 199;
  155         d. Insurance premium taxes paid pursuant to chapter 624;
  156         e. Excise taxes paid on documents pursuant to chapter 201;
  157         f. Ad valorem taxes paid, as defined in s. 220.03(1); or
  158         g. State communications services taxes paid pursuant to
  159  chapter 202.
  161  However, an economic development agency may disclose in the
  162  annual incentives report required under s. 288.907 the aggregate
  163  amount of each tax identified in this subparagraph and paid by
  164  all businesses participating in each economic incentive program.
  165         (b)1. The following information held by an economic
  166  development agency relating to a specific business participating
  167  in an economic incentive program is not confidential or exempt
  168  from disclosure 180 days after a final project order for an
  169  economic incentive agreement is issued, until a date specified
  170  in the final project order, or if the information is otherwise
  171  disclosed, whichever occurs first An economic development agency
  172  may release:
  173         a. The name names of the qualified business businesses.
  174         b. The total number of jobs the each business committed
  175  expects to create or retain.
  176         c. The total number of jobs created or retained by the each
  177  business.
  178         d. Notwithstanding s. 213.053(2), the amount of tax
  179  refunds, tax credits, or incentives awarded to, and claimed by,
  180  or, if applicable, refunded to the state by the each business.
  181         e. The anticipated total annual wages of employees the
  182  business committed to hire or retain.
  183         2. For a business applying for certification under s.
  184  288.1045 which is based on obtaining a new Department of Defense
  185  contract, the total number of jobs expected and the amount of
  186  tax refunds claimed may not be released until the new Department
  187  of Defense contract is awarded.
  188         (c) An economic development agency may publish statistics
  189  in the aggregate and classified so as to prevent the
  190  identification of a single qualified applicant.
  191         (7) PENALTIES.—Any person who is an employee of an economic
  192  development agency who violates the provisions of this section
  193  commits a misdemeanor of the second degree, punishable as
  194  provided in s. 775.082 or s. 775.083.
  195         (8) LEGISLATIVE REVIEW OF EXEMPTIONS.—This section is
  196  subject to the Open Government Sunset Review Act in accordance
  197  with s. 119.15 and shall stand repealed on October 2, 2012,
  198  unless reviewed and saved from repeal through reenactment by the
  199  Legislature.
  200         Section 2. This act shall take effect upon becoming a law.