Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SPB 7014
                                Barcode 544024                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  12/07/2011           .                                

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