Florida Senate - 2026                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 484
       
       
       
       
       
       
                                Ì5885709Î588570                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             02/25/2026 11:12 AM       .                                
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       Senator Avila moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 117 and 118
    4  insert:
    5         Section 2. Present paragraphs (a), (b), and (c) of
    6  subsection (1) of section 288.075, Florida Statutes, are
    7  redesignated as paragraphs (b), (c), and (d), a new paragraph
    8  (a) is added to that subsection, subsection (2) of that section
    9  is amended, and subsection (8) of that section is republished to
   10  read:
   11         288.075 Confidentiality of records.—
   12         (1) DEFINITIONS.—As used in this section, the term:
   13         (a)“Data center” has the same meaning as in s. 112.231.
   14         (2) PLANS, INTENTIONS, AND INTERESTS.—
   15         (a)1. If a private corporation, partnership, or person
   16  requests in writing before an economic incentive agreement is
   17  signed that an economic development agency maintain the
   18  confidentiality of information concerning plans, intentions, or
   19  interests of such private corporation, partnership, or person to
   20  locate, relocate, or expand any of its business activities in
   21  this state:,
   22         a. The information is confidential and exempt from s.
   23  119.07(1) and s. 24(a), Art. I of the State Constitution for 12
   24  months after the date an economic development agency receives a
   25  request for confidentiality or until the information is
   26  otherwise disclosed, whichever occurs first.
   27         b.The information is confidential and exempt from s.
   28  119.07(1) and s. 24(a), Art. I of the State Constitution for 6
   29  months after the date that an economic development agency
   30  receives a request for confidentiality or until the information
   31  is otherwise disclosed, whichever occurs first, when such
   32  activities include the location, relocation, or expansion of a
   33  data center. However, an economic development agency shall
   34  disclose that such business activities include the location,
   35  relocation, or expansion of a data center.
   36         2. An economic development agency may extend the period of
   37  confidentiality specified in subparagraph 1. for up to an
   38  additional 12 months upon written request from the private
   39  corporation, partnership, or person who originally requested
   40  confidentiality under this section and upon a finding by the
   41  economic development agency that such private corporation,
   42  partnership, or person is still actively considering locating,
   43  relocating, or expanding its business activities in this state.
   44  Such a request for an extension in the period of confidentiality
   45  must be received prior to the expiration of any confidentiality
   46  originally provided under subparagraph 1. This subparagraph does
   47  not apply to any business activities that include location,
   48  relocation, or expansion of a data center.
   49  
   50  If a final project order for a signed economic development
   51  agreement is issued, then the information will remain
   52  confidential and exempt for 180 days after the final project
   53  order is issued, until a date specified in the final project
   54  order, or until the information is otherwise disclosed,
   55  whichever occurs first. However, such period of confidentiality
   56  may not extend beyond the period of confidentiality established
   57  in subparagraph 1. or subparagraph 2.
   58         (b)1. A public officer or employee may not enter into a
   59  binding agreement with any corporation, partnership, or person
   60  who has requested confidentiality of information under this
   61  subsection until 90 days after the information is made public
   62  unless:
   63         a.1. The public officer or employee is acting in an
   64  official capacity;
   65         b.2. The agreement does not accrue to the personal benefit
   66  of such public officer or employee; and
   67         c.3. In the professional judgment of the officer or
   68  employee, the agreement is necessary to effectuate an economic
   69  development project.
   70         2.This paragraph does not apply to a data center.
   71         (8) PENALTIES.—Any person who is an employee of an economic
   72  development agency who violates the provisions of this section
   73  commits a misdemeanor of the second degree, punishable as
   74  provided in s. 775.082 or s. 775.083.
   75         Section 3. For the purpose of incorporating the amendment
   76  made by this act to section 288.075, Florida Statutes, in
   77  references thereto, subsections (3) and (7) of section 288.076,
   78  Florida Statutes, are reenacted to read:
   79         288.076 Return on investment reporting for economic
   80  development programs.—
   81         (3) Within 48 hours after expiration of the period of
   82  confidentiality for project information deemed confidential and
   83  exempt pursuant to s. 288.075, the department shall publish the
   84  following information pertaining to each project:
   85         (a) Projected economic benefits.—The projected economic
   86  benefits at the time of the initial project award date.
   87         (b) Project information.—
   88         1. The program or programs through which state investment
   89  is being made.
   90         2. The maximum potential cumulative state investment in the
   91  project.
   92         3. The target industry or industries, and any high-impact
   93  sectors implicated by the project.
   94         4. The county or counties that will be impacted by the
   95  project.
   96         5. For a project that requires local commitment, the total
   97  cumulative local financial commitment and in-kind support for
   98  the project.
   99         (c) Participant business information.—
  100         1. The location of the headquarters of the participant
  101  business or, if a subsidiary, the headquarters of the parent
  102  company.
  103         2. The firm size class of the participant business, or
  104  where owned by a parent company the firm size class of the
  105  participant business’s parent company, using the firm size
  106  classes established by the United States Department of Labor
  107  Bureau of Labor Statistics, and whether the participant business
  108  qualifies as a small business as defined in s. 288.703.
  109         3. The date of the project award.
  110         4. The expected duration of the contract.
  111         5. The anticipated dates when the participant business will
  112  claim the last state investment.
  113         (d) Project evaluation criteria.—Economic benefits
  114  generated by the project.
  115         (e) Project performance goals.—
  116         1. The incremental direct jobs attributable to the project,
  117  identifying the number of jobs generated and the number of jobs
  118  retained.
  119         2. The number of jobs generated and the number of jobs
  120  retained by the project, and the average annual wage of persons
  121  holding such jobs.
  122         3. The incremental direct capital investment in the state
  123  generated by the project.
  124         (f) Total state investment to date.—The total amount of
  125  state investment disbursed to the participant business to date
  126  under the terms of the contract, itemized by incentive program.
  127         (7) Within 48 hours after expiration of the period of
  128  confidentiality provided under s. 288.075, the department shall
  129  publish the contract or agreement described in s. 288.061,
  130  redacted to protect the participant business from disclosure of
  131  information that remains confidential or exempt by law.
  132  
  133  ================= T I T L E  A M E N D M E N T ================
  134  And the title is amended as follows:
  135         Delete line 18
  136  and insert:
  137         considered an electric substation; amending s.
  138         288.075, F.S.; defining the term “data center”;
  139         limiting the application of the public records
  140         exemption for certain business information relating to
  141         data centers held by an economic development agency;
  142         providing applicability; requiring an economic
  143         development agency to disclose certain information;
  144         reenacting s. 288.076(3) and (7), F.S., relating to
  145         return on investment reporting for economic
  146         development programs, to incorporate the amendment
  147         made to s. 288.075, F.S., in references thereto;
  148         creating s.