Florida Senate - 2012                      CS for CS for SB 1206
       By the Committees on Governmental Oversight and Accountability;
       Commerce and Tourism; and Commerce and Tourism; and Senator Lynn
       585-03566-12                                          20121206c2
    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         specifying the time period during which information
   13         remains confidential and exempt when a final project
   14         order for a signed economic development agreement is
   15         issued; saving from repeal the exemption for trade
   16         secrets; saving from repeal the exemption for
   17         proprietary confidential business information; saving
   18         from repeal the exemption for identification, account,
   19         and registration numbers and sales, wage, and tax data
   20         relating to a recipient of an economic development
   21         incentive; providing that the taxes paid by businesses
   22         participating in an economic incentive program may be
   23         disclosed in the aggregate; authorizing the disclosure
   24         of specified information relating to a business 180
   25         days after the final project order for an economic
   26         incentive agreement is issued, until a date specified
   27         in the final project order, or if the information is
   28         otherwise disclosed, whichever occurs first; removing
   29         the scheduled repeal of the exemptions; providing an
   30         effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Section 288.075, Florida Statutes, is amended to
   35  read:
   36         288.075 Confidentiality of records.—
   37         (1) DEFINITIONS.—As used in this section, the term:
   38         (a) “Economic development agency” means:
   39         1. The Department of Economic Opportunity;
   40         2. Any industrial development authority created in
   41  accordance with part III of chapter 159 or by special law;
   42         3. Space Florida created in part II of chapter 331;
   43         4. The public economic development agency of a county or
   44  municipality or, if the county or municipality does not have a
   45  public economic development agency, the county or municipal
   46  officers or employees assigned the duty to promote the general
   47  business interests or industrial interests of that county or
   48  municipality or the responsibilities related thereto;
   49         5. Any research and development authority created in
   50  accordance with part V of chapter 159; or
   51         6. Any private agency, person, partnership, corporation, or
   52  business entity when authorized by the state, a municipality, or
   53  a county to promote the general business interests or industrial
   54  interests of the state or that municipality or county.
   55         (b) “Proprietary confidential business information” means
   56  information that is owned or controlled by the corporation,
   57  partnership, or person requesting confidentiality under this
   58  section; that is intended to be and is treated by the
   59  corporation, partnership, or person as private in that the
   60  disclosure of the information would cause harm to the business
   61  operations of the corporation, partnership, or person; that has
   62  not been disclosed unless disclosed pursuant to a statutory
   63  provision, an order of a court or administrative body, or a
   64  private agreement providing that the information may be released
   65  to the public; and that is information concerning:
   66         1. Business plans.
   67         2. Internal auditing controls and reports of internal
   68  auditors.
   69         3. Reports of external auditors for privately held
   70  companies.
   71         (c) “Trade secret” has the same meaning as in s. 688.002.
   73         (a)1.If Upon written request from a private corporation,
   74  partnership, or person requests in writing before an economic
   75  incentive agreement is signed that, information held by an
   76  economic development agency maintain the confidentiality of
   77  information concerning plans, intentions, or interests of a such
   78  private corporation, partnership, or person to locate, relocate,
   79  or expand any of its business activities in this state, the
   80  information is confidential and exempt from s. 119.07(1) and s.
   81  24(a), Art. I of the State Constitution. The information shall
   82  remain confidential and exempt for 12 months after the date an
   83  economic development agency receives a request for
   84  confidentiality or until the information is otherwise disclosed,
   85  whichever occurs first.
   86         2.(b) An economic development agency may extend the period
   87  of confidentiality specified in subparagraph 1. paragraph (a)
   88  for up to an additional 12 months upon written request from the
   89  private corporation, partnership, or person who originally
   90  requested confidentiality under this section and upon a finding
   91  by the economic development agency that such private
   92  corporation, partnership, or person is still actively
   93  considering locating, relocating, or expanding its business
   94  activities in this state. Such a request for an extension in the
   95  period of confidentiality must be received prior to the
   96  expiration of any confidentiality originally provided under
   97  subparagraph 1. this section.
   99  If a final project order for a signed economic development
  100  agreement is issued, the information shall remain confidential
  101  and exempt for 180 days after the final project order is issued,
  102  until a date specified in the final project order, or until the
  103  information is otherwise disclosed, whichever occurs first.
  104  However, such period of confidentiality may not extend beyond
  105  the period of confidentiality established in subparagraph 1. or
  106  subparagraph 2.
  107         (b)(c) A public officer or employee may not enter into a
  108  binding agreement with any corporation, partnership, or person
  109  who has requested confidentiality of information under this
  110  subsection until 90 days after the information is made public
  111  unless:
  112         1. The public officer or employee is acting in an official
  113  capacity;
  114         2. The agreement does not accrue to the personal benefit of
  115  such public officer or employee; and
  116         3. In the professional judgment of the officer or employee,
  117  the agreement is necessary to effectuate an economic development
  118  project.
  119         (3) TRADE SECRETS.—Trade secrets held by an economic
  120  development agency are confidential and exempt from s. 119.07(1)
  121  and s. 24(a), Art. I of the State Constitution.
  123  Proprietary confidential business information held by an
  124  economic development agency is confidential and exempt from s.
  125  119.07(1) and s. 24(a), Art. I of the State Constitution, until
  126  such information is otherwise publicly available or is no longer
  127  treated by the proprietor as proprietary confidential business
  128  information.
  130  federal employer identification number, unemployment
  131  compensation account number, or Florida sales tax registration
  132  number held by an economic development agency is confidential
  133  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  134  Constitution.
  136         (a) The following information held by an economic
  137  development agency pursuant to the administration of an economic
  138  incentive program for qualified businesses is confidential and
  139  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  140  Constitution for a period not to exceed the duration of the
  141  incentive agreement, including an agreement authorizing a tax
  142  refund or tax credit, or upon termination of the incentive
  143  agreement:
  144         1. The percentage of the business’s sales occurring outside
  145  this state and, for businesses applying under s. 288.1045, the
  146  percentage of the business’s gross receipts derived from
  147  Department of Defense contracts during the 5 years immediately
  148  preceding the date the business’s application is submitted.
  149         2. The anticipated wages for the project jobs that the
  150  business plans to create, as reported on the application for
  151  certification.
  152         2.3.The average wage actually paid by the business for
  153  those jobs created by the project or An individual employee’s
  154  personal identifying information that which is held as evidence
  155  of the achievement or nonachievement of the wage requirements of
  156  the tax refund, tax credit, or incentive agreement programs or
  157  of the job creation requirements of such programs.
  158         3.4. The amount of:
  159         a. Taxes on sales, use, and other transactions paid
  160  pursuant to chapter 212;
  161         b. Corporate income taxes paid pursuant to chapter 220;
  162         c. Intangible personal property taxes paid pursuant to
  163  chapter 199;
  164         d. Insurance premium taxes paid pursuant to chapter 624;
  165         e. Excise taxes paid on documents pursuant to chapter 201;
  166         f. Ad valorem taxes paid, as defined in s. 220.03(1); or
  167         g. State communications services taxes paid pursuant to
  168  chapter 202.
  170  However, an economic development agency may disclose in the
  171  annual incentives report required under s. 288.907 the aggregate
  172  amount of each tax identified in this subparagraph and paid by
  173  all businesses participating in each economic incentive program.
  174         (b)1. The following information held by an economic
  175  development agency relating to a specific business participating
  176  in an economic incentive program is not confidential or exempt
  177  from disclosure 180 days after a final project order for an
  178  economic incentive agreement is issued, until a date specified
  179  in the final project order, or if the information is otherwise
  180  disclosed, whichever occurs first An economic development agency
  181  may release:
  182         a. The name names of the qualified business businesses.
  183         b. The total number of jobs the each business committed
  184  expects to create or retain.
  185         c. The total number of jobs created or retained by the each
  186  business.
  187         d. Notwithstanding s. 213.053(2), the amount of tax
  188  refunds, tax credits, or incentives awarded to, and claimed by,
  189  or, if applicable, refunded to the state by the each business.
  190         e. The anticipated total annual wages of employees the
  191  business committed to hire or retain.
  192         2. For a business applying for certification under s.
  193  288.1045 which is based on obtaining a new Department of Defense
  194  contract, the total number of jobs expected and the amount of
  195  tax refunds claimed may not be released until the new Department
  196  of Defense contract is awarded.
  197         (c) An economic development agency may publish statistics
  198  in the aggregate and classified so as to prevent the
  199  identification of a single qualified applicant.
  200         (7) PENALTIES.—Any person who is an employee of an economic
  201  development agency who violates the provisions of this section
  202  commits a misdemeanor of the second degree, punishable as
  203  provided in s. 775.082 or s. 775.083.
  204         (8) LEGISLATIVE REVIEW OF EXEMPTIONS.—This section is
  205  subject to the Open Government Sunset Review Act in accordance
  206  with s. 119.15 and shall stand repealed on October 2, 2012,
  207  unless reviewed and saved from repeal through reenactment by the
  208  Legislature.
  209         Section 2. This act shall take effect upon becoming a law.