Florida Senate - 2006            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 1136
                        Barcode 055928   Comm: A1/FAV  04/05/2006 04:17 PM    
    577-2106-06
    Proposed Committee Substitute by the Committee on Commerce and
    Consumer Services
 1                      A bill to be entitled
 2         An act relating to public-records exemptions;
 3         amending s. 288.1067, F.S.; expanding the
 4         public-records exemption for incentive programs
 5         to include the Innovation Incentive Program
 6         under s. 288.1089, F.S.; providing for future
 7         review and repeal; providing a statement of
 8         public necessity; providing a contingent
 9         effective date.
10  
11  Be It Enacted by the Legislature of the State of Florida:
12  
13         Section 1.  Subsections (1) and (4) of section
14  288.1067, Florida Statutes, are amended to read:
15         288.1067  Confidentiality of records.--
16         (1)  The following information held by the Office of
17  Tourism, Trade, and Economic Development, Enterprise Florida,
18  Inc., or county or municipal governmental entities, and their
19  employees or agents, pursuant to the incentive programs for
20  qualified businesses as provided in s. 220.191, s. 288.1045,
21  s. 288.106, s. 288.108, or s. 288.1088, or s. 288.1089 is
22  confidential and exempt from the provisions of s. 119.07(1)
23  and s. 24(a), Art. I of the State Constitution, for a period
24  not to exceed the duration of the relevant tax refund, tax
25  credit, or incentive agreement:
26         (a)  The business's federal employer identification
27  number, unemployment compensation account number, and Florida
28  sales tax registration number.
29         (b)  Any trade secret information as defined in s.
30  812.081. Notwithstanding any provision of this section, trade
31  secret information shall continue to be confidential and
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1136 Barcode 055928 577-2106-06 1 exempt after the duration of the tax refund, tax credit, or 2 incentive agreement. 3 (c) The percentage of the business's sales occurring 4 outside this state and, for businesses applying under s. 5 288.1045, the percentage of the business's gross receipts 6 derived from Department of Defense contracts during the 5 7 years immediately preceding the date the business's 8 application is submitted. 9 (d) The anticipated wages for the project jobs that 10 the business plans to create, as reported on the application 11 for certification. 12 (e) The average wage actually paid by the business for 13 those jobs created by the project and any detailed proprietary 14 business information or an employee's personal identifying 15 information, held as evidence of the achievement or 16 nonachievement of the wage requirements of the tax refund, tax 17 credit, or incentive agreement programs or of the job creation 18 requirements of such programs. 19 (f) Any proprietary business information regarding 20 capital investment in eligible building and equipment made by 21 the qualified business project when held by the Office of 22 Tourism, Trade, and Economic Development as evidence of the 23 achievement or nonachievement of the investment requirements 24 for the tax credit certification under s. 220.191, for the 25 high-impact performance agreement under s. 288.108, or for the 26 Quick Action Closing Fund agreement under s. 288.1088, or for 27 the Innovation Incentive Program agreement under s. 288.1089. 28 (g) The amount of: 29 1. Taxes on sales, use, and other transactions paid 30 pursuant to chapter 212; 31 2. Corporate income taxes paid pursuant to chapter 2 8:05 AM 03/31/06 s1136p-cm00-c8y
Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1136 Barcode 055928 577-2106-06 1 220; 2 3. Intangible personal property taxes paid pursuant to 3 chapter 199; 4 4. Emergency excise taxes paid pursuant to chapter 5 221; 6 5. Insurance premium taxes paid pursuant to chapter 7 624; 8 6. Excise taxes paid on documents pursuant to chapter 9 201; or 10 7. Ad valorem taxes paid, as defined in s. 220.03(1), 11 12 which the qualified business reports on its application for 13 certification or reports during the term of the tax refund 14 agreement, and for which the qualified business claims a tax 15 refund under s. 288.1045 or s. 288.106, and any such 16 information held as evidence of the achievement or 17 nonachievement of performance items contained in the tax 18 refund agreement. 19 (4) This section is subject to the Open Government 20 Sunset Review Act of 1995 in accordance with s. 119.15 and 21 shall stand repealed on October 2, 2011 2007, unless reviewed 22 and saved from repeal through reenactment by the Legislature. 23 Section 2. The Legislature finds that it is a public 24 necessity to provide confidentiality for certain information 25 concerning businesses that is obtained through the 26 administration of the Innovation Incentive Program for 27 qualified innovation businesses under s. 288.1089, Florida 28 Statutes. The disclosure of information such as trade secrets, 29 tax identification numbers, analyses of gross receipts, the 30 amount of taxes paid, the amount of capital investment, and 31 the amount of employee wages paid, and the detailed 3 8:05 AM 03/31/06 s1136p-cm00-c8y
Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1136 Barcode 055928 577-2106-06 1 documentation to substantiate such performance information, 2 could injure a business in the marketplace by providing its 3 competitors with detailed insights into the financial status 4 and the strategic plans of the business, thereby diminishing 5 the advantage that the business maintains over those that do 6 not possess such information. Some of the documentation 7 supplied to support a business's incentive claims could reveal 8 private information, such as employee names and social 9 security numbers, concerning that business's employees. 10 Without this exemption, private-sector businesses, whose 11 records generally are not required to be open to the public, 12 might refrain from participating in the economic development 13 program and thus would not be able to use the incentives 14 available under the program. If a business were unable to use 15 the incentives, the business might choose to locate its 16 employment and other investment activities outside the state, 17 depriving the state and the public of the potential economic 18 benefits associated with such business activities in this 19 state. The harm to businesses in the marketplace and to the 20 effective administration of the economic development program 21 caused by the public disclosure of such information far 22 outweighs the public benefits derived from its release. In 23 addition, because the confidentiality provided by s. 288.1067, 24 Florida Statutes, does not preclude the reporting of 25 statistics in the aggregate concerning the program, as well as 26 the names of businesses participating in the program and the 27 amount of incentives awarded and claimed, the public has 28 access to information important to an assessment of the 29 performance of the program. 30 Section 3. This act shall take effect July 1, 2006, if 31 Senate Bill 2728 or similar legislation is adopted in the same 4 8:05 AM 03/31/06 s1136p-cm00-c8y
Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1136 Barcode 055928 577-2106-06 1 legislative session or an extension thereof and becomes a law. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 8:05 AM 03/31/06 s1136p-cm00-c8y