Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SPB 7014
Barcode 544024
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
12/07/2011 .
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The Committee on Commerce and Tourism (Detert) recommended the
following:
1 Senate Amendment (with title amendment)
2
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.
43 (2) PLANS, INTENTIONS, AND INTERESTS.—
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.
84 (4) PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION.
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.
91 (5) IDENTIFICATION, ACCOUNT, AND REGISTRATION NUMBERS.—A
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.
97 (6) ECONOMIC INCENTIVE PROGRAMS.—
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.
131
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.
170
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.