The Florida Senate

288.1066  Confidentiality of records.--

(1)  The following information when received by the Office of Tourism, Trade, and Economic Development; Enterprise Florida, Inc.; or county or municipal governmental entities and their employees pursuant to the qualified defense contractor tax refund program as required by s. 288.1045 is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution for a period not to exceed the duration of the tax refund agreement or 10 years, whichever is earlier:

(a)  The applicant's federal employer identification number and Florida sales tax registration number.

(b)  The percentage of the applicant's gross receipts derived from Department of Defense contracts during the 5 taxable years immediately preceding the date the application is submitted.

(c)  The amount of:

1.  Taxes on sales, use, and other transactions paid pursuant to chapter 212;

2.  Corporate income taxes paid pursuant to chapter 220;

3.  Intangible personal property taxes paid pursuant to chapter 199;

4.  Emergency excise taxes paid pursuant to chapter 221; and

5.  Ad valorem taxes paid

during the 5 fiscal years immediately preceding the date of the application, and the projected amounts of such taxes to be due in the 3 fiscal years immediately following the date of the application.

(d)  Any trade secret information as defined in s. 812.081 contained within any statement concerning the applicant's need for tax refunds or concerning the proposed uses of such refunds by the applicant.

(2)  The following information when received by the Office of Tourism, Trade, and Economic Development; Enterprise Florida, Inc.; or county or municipal governmental entities and their employees pursuant to the qualified target industry tax refund program as required by s. 288.106 is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution for a period not to exceed the duration of the tax refund agreement or 10 years, whichever is earlier:

(a)  The applicant's federal employer identification number and Florida sales tax registration number.

(b)  Any trade secret information as defined in s. 812.081 contained within any description of the type of business activity or product covered by the project.

(c)  The anticipated wages of those jobs projected to be created by the project.

(d)  The amount of:

1.  Taxes on sales, use, and other transactions paid pursuant to chapter 212;

2.  Corporate income taxes paid pursuant to chapter 220;

3.  Intangible personal property taxes paid pursuant to chapter 199;

4.  Emergency excise taxes paid pursuant to chapter 221; and

5.  Ad valorem taxes paid

during the 5 fiscal years immediately preceding the date of the application, and the projected amounts of such taxes to be due in the 3 fiscal years immediately following the date of the application.

(e)  Any trade secret information as defined in s. 812.081 contained within any statement concerning the role that the tax refunds requested will play in the decision of the applicant to locate or expand in this state.

(f)  An estimate of the proportion of the sales resulting from the project that will be made outside this state.

(3)  Nothing contained in this section shall prevent the Office of Tourism, Trade, and Economic Development; Enterprise Florida, Inc.; or any county or municipal governmental entity receiving the information described in this section from publishing statistics in the aggregate and so classified as to prevent the identification of a single qualified applicant.

(4)  This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, and shall stand repealed on October 2, 2001, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 96-379; s. 64, ch. 99-13; s. 60, ch. 2001-61.