Bill Text: FL S1502 | 2017 | Regular Session | Introduced


Bill Title: Disclosure of Contract Information by Individuals or Entities Receiving Public Funding

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Governmental Oversight and Accountability [S1502 Detail]

Download: Florida-2017-S1502-Introduced.html
       Florida Senate - 2017                                    SB 1502
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01411A-17                                          20171502__
    1                        A bill to be entitled                      
    2         An act relating to disclosure of contract information
    3         by individuals or entities receiving public funding;
    4         amending s. 125.0104, F.S.; defining the term
    5         “corporation”; requiring certain information to be
    6         included in contracts of specified individuals and
    7         corporations; requiring marketing partners of an
    8         individual or corporation to provide certain financial
    9         data to such individual or corporation; providing
   10         requirements for the website of specified individuals
   11         and corporations; amending s. 288.075, F.S.; providing
   12         that the definition of the term “proprietary business
   13         information” does not include certain information
   14         relating to the amount paid under specified contracts
   15         between a private corporation, partnership, or person
   16         and an economic development agency; prohibiting an
   17         economic development agency from maintaining or
   18         agreeing to maintain as confidential the amount paid
   19         to certain parties pursuant to an economic incentive
   20         agreement; revising the information an economic
   21         development agency is required to disclose after a
   22         specified period; amending ss. 688.002 and 812.081,
   23         F.S.; providing that the definition of the term “trade
   24         secret” does not include certain information relating
   25         to the amount paid under a contract or agreement
   26         between a private corporation, partnership, or person
   27         and an economic development agency, the state, or
   28         other governmental entity; providing an effective
   29         date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (b) of subsection (2) of section
   34  125.0104, Florida Statutes is amended, present subsections (10)
   35  and (11) of that section, are redesignated as subsections (11)
   36  and (12), respectively, and a new subsection (10) is added to
   37  that section, to read:
   38         125.0104 Tourist development tax; procedure for levying;
   39  authorized uses; referendum; enforcement.—
   40         (2) APPLICATION; DEFINITIONS.—
   41         (b) Definitions.—For purposes of this section:
   42         1. “Corporation” means a private firm, association, joint
   43  venture, partnership, estate, trust, syndicate, fiduciary,
   44  corporation, or other private group, or any combination thereof,
   45  which receives tax revenues pursuant to this section.
   46         2.1. “Promotion” means marketing or advertising designed to
   47  increase tourist-related business activities.
   48         4.2. “Tourist” means a person who participates in trade or
   49  recreation activities outside the county of his or her permanent
   50  residence or who rents or leases transient accommodations as
   51  described in paragraph (3)(a).
   52         3. “Retained spring training franchise” means a spring
   53  training franchise that had a location in this state on or
   54  before December 31, 1998, and that has continuously remained at
   55  that location for at least the 10 years preceding that date.
   56         (10) CONTRACT, REPORTING, AND WEBSITE REQUIREMENTS.—
   57         (a)A contract entered into between an individual or a
   58  corporation and any other entity, including a local
   59  governmental, private, or nonprofit entity, which receives
   60  public funds from the state or from a tax imposed pursuant to
   61  this section, s. 125.0108, or s. 212.0305 must include:
   62         1.The purpose of the contract.
   63         2.Specific performance standards and the responsibilities
   64  of each entity.
   65         3.A detailed project or contract budget, if applicable.
   66         4.The value of any services provided.
   67         5.The salaries of all employees and board members of the
   68  entity and their projected travel and entertainment expenses.
   69         (b)1.If a marketing partner, corporation, or an individual
   70  receives public funds from the state or from a tax imposed
   71  pursuant to this section, s. 125.0108, or s. 212.0305, the
   72  marketing partner shall annually report all public and private
   73  financial data to the individual or corporation.
   74         2.The financial data must include:
   75         a.The total amount of revenue received from public and
   76  private sources.
   77         b.The operating budget.
   78         c.Employee and board member salary and benefit details.
   79         d.An itemized account of all funds spent by a third party
   80  on behalf of the individual or corporation or a board member or
   81  an employee of the individual or corporation.
   82         e.Itemized travel and entertainment expenditures.
   83         (c)The following information must be posted on the
   84  individual or corporation’s website:
   85         1.A plain language version of each proposed and executed
   86  contract exceeding $35,000 with a private entity, municipality,
   87  city, town, or vendor of services, supplies, or programs,
   88  including marketing, or for the purchase, lease, or use of
   89  lands, facilities, or properties.
   90         2.Any agreement entered into between an individual or
   91  corporation and any other entity, including a local
   92  governmental, private, or nonprofit entity that receives public
   93  funds or funds from a tax imposed pursuant to s. 125.0104, s.
   94  125.0108, or s. 212.0305.
   95         3.Video recordings of each board meeting.
   96         4.A detailed report of expenditures following each
   97  marketing event paid for with an individual’s or corporation’s
   98  funds. Such report must be posted within 10 business days after
   99  the event.
  100         5.An annual itemized accounting of the total amount of
  101  funds spent by any third party on behalf of the individual or
  102  corporation or any board member or employee of the individual or
  103  corporation.
  104         6.An annual itemized accounting of the total amount of
  105  travel and entertainment expenditures of the individual or
  106  corporation.
  107         (d)An individual or corporation’s website must:
  108         1.Allow users to navigate to related sites to view
  109  supporting details.
  110         2.Enable a taxpayer to e-mail questions to such individual
  111  or corporation and make such questions and the individual’s or
  112  corporation’s responses publicly viewable.
  113         Section 2. Paragraph (b) of subsection (1), paragraph (a)
  114  of subsection (2), paragraph (b) of subsection (6), and
  115  subsection (7) of section 288.075, Florida Statutes, are amended
  116  to read:
  117         288.075 Confidentiality of records.—
  118         (1) DEFINITIONS.—As used in this section, the term:
  119         (b) “Proprietary confidential business information” means
  120  information that is owned or controlled by the corporation,
  121  partnership, or person requesting confidentiality under this
  122  section; that is intended to be and is treated by the
  123  corporation, partnership, or person as private in that the
  124  disclosure of the information would cause harm to the business
  125  operations of the corporation, partnership, or person; that has
  126  not been disclosed unless disclosed pursuant to a statutory
  127  provision, an order of a court or administrative body, or a
  128  private agreement providing that the information may be released
  129  to the public; and that is information concerning:
  130         1. Business plans.
  131         2. Internal auditing controls and reports of internal
  132  auditors.
  133         3. Reports of external auditors for privately held
  134  companies.
  135  
  136  The term does not include information relating to the amount
  137  paid to a private corporation, partnership, or person by an
  138  economic development agency pursuant to an economic incentive
  139  agreement.
  140         (2) PLANS, INTENTIONS, AND INTERESTS.—
  141         (a)1. If a private corporation, partnership, or person
  142  requests in writing before an economic incentive agreement is
  143  signed that an economic development agency maintain the
  144  confidentiality of information concerning plans, intentions, or
  145  interests of such private corporation, partnership, or person to
  146  locate, relocate, or expand any of its business activities in
  147  this state, the information is confidential and exempt from s.
  148  119.07(1) and s. 24(a), Art. I of the State Constitution for 12
  149  months after the date an economic development agency receives a
  150  request for confidentiality or until the information is
  151  otherwise disclosed, whichever occurs first. However, an
  152  economic development agency may not maintain as confidential or
  153  agree to maintain as confidential the amount paid to a private
  154  corporation, partnership, or person by the economic development
  155  agency pursuant to an economic incentive agreement.
  156         2. An economic development agency may extend the period of
  157  confidentiality specified in subparagraph 1. for up to an
  158  additional 12 months upon written request from the private
  159  corporation, partnership, or person who originally requested
  160  confidentiality under this section and upon a finding by the
  161  economic development agency that such private corporation,
  162  partnership, or person is still actively considering locating,
  163  relocating, or expanding its business activities in this state.
  164  Such a request for an extension in the period of confidentiality
  165  must be received prior to the expiration of any confidentiality
  166  originally provided under subparagraph 1.
  167  
  168  If a final project order for a signed economic development
  169  agreement is issued, then the information will remain
  170  confidential and exempt for 180 days after the final project
  171  order is issued, until a date specified in the final project
  172  order, or until the information is otherwise disclosed,
  173  whichever occurs first. However, such period of confidentiality
  174  may not extend beyond the period of confidentiality established
  175  in subparagraph 1. or subparagraph 2.
  176         (6) ECONOMIC INCENTIVE PROGRAMS.—
  177         (b)1. The following information held by an economic
  178  development agency relating to a specific business participating
  179  in an economic incentive program is no longer confidential or
  180  exempt 180 days after a final project order for an economic
  181  incentive agreement is issued, until a date specified in the
  182  final project order, or if the information is otherwise
  183  disclosed, whichever occurs first:
  184         a. The name of the qualified business.
  185         b. The total number of jobs the business committed to
  186  create or retain.
  187         c. The total number of jobs created or retained by the
  188  business.
  189         d. Notwithstanding s. 213.053(2), the amount of tax
  190  refunds, tax credits, or incentives awarded to, claimed by, or,
  191  if applicable, refunded to the state by the business.
  192         e. The anticipated total annual wages of employees the
  193  business committed to hire or retain.
  194         f. The amount paid to a private corporation, partnership,
  195  or person by the economic development agency pursuant to an
  196  economic incentive agreement.
  197         2. For a business applying for certification under s.
  198  288.1045 which is based on obtaining a new Department of Defense
  199  contract, the total number of jobs expected and the amount of
  200  tax refunds claimed may not be released until the new Department
  201  of Defense contract is awarded.
  202         (7) PENALTIES.—Any person who is an employee of an economic
  203  development agency who violates the provisions of this section
  204  commits a misdemeanor of the second degree, punishable as
  205  provided in s. 775.082 or s. 775.083.
  206         Section 3. Subsection (4) of section 688.002, Florida
  207  Statutes, is amended to read:
  208         688.002 Definitions.—As used in ss. 688.001-688.009, unless
  209  the context requires otherwise:
  210         (4) “Trade secret” means information, including a formula,
  211  pattern, compilation, program, device, method, technique, or
  212  process that:
  213         (a) Derives independent economic value, actual or
  214  potential, from not being generally known to, and not being
  215  readily ascertainable by proper means by, other persons who can
  216  obtain economic value from its disclosure or use; and
  217         (b) Is the subject of efforts that are reasonable under the
  218  circumstances to maintain its secrecy.
  219  
  220  The term does not include information relating to the amount
  221  paid to a private corporation, partnership, or person by an
  222  economic development agency as defined in s. 288.075, the state,
  223  or other governmental entity pursuant to a contract or
  224  agreement.
  225         Section 4. Paragraph (c) of subsection (1) of section
  226  812.081, Florida Statutes, is amended to read:
  227         812.081 Trade secrets; theft, embezzlement; unlawful
  228  copying; definitions; penalty.—
  229         (1) As used in this section, the term:
  230         (c) “Trade secret” means the whole or any portion or phase
  231  of any formula, pattern, device, combination of devices, or
  232  compilation of information which is for use, or is used, in the
  233  operation of a business and which provides the business an
  234  advantage, or an opportunity to obtain an advantage, over those
  235  who do not know or use it. The term includes any scientific,
  236  technical, or commercial information, including financial
  237  information, and includes any design, process, procedure, list
  238  of suppliers, list of customers, business code, or improvement
  239  thereof. Irrespective of novelty, invention, patentability, the
  240  state of the prior art, and the level of skill in the business,
  241  art, or field to which the subject matter pertains, a trade
  242  secret is considered to be:
  243         1. Secret;
  244         2. Of value;
  245         3. For use or in use by the business; and
  246         4. Of advantage to the business, or providing an
  247  opportunity to obtain an advantage, over those who do not know
  248  or use it
  249  
  250  when the owner thereof takes measures to prevent it from
  251  becoming available to persons other than those selected by the
  252  owner to have access thereto for limited purposes. The term does
  253  not include information relating to the amount paid to a private
  254  corporation, partnership, or person by an agency as defined in
  255  s. 119.011.
  256         Section 5. This act shall take effect July 1, 2017.

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