Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 714
       
       
       
       
       
       
                                Barcode 370400                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/06/2013           .                                
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       The Committee on Communications, Energy, and Public Utilities
       (Hukill) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) is added to section 119.0713,
    6  Florida Statutes, to read:
    7         119.0713 Local government agency exemptions from inspection
    8  or copying of public records.—
    9         (4)(a) Proprietary confidential business information means
   10  information, regardless of form or characteristics, which is
   11  held by an electric utility that is subject to chapter 119, is
   12  intended to be and is treated by the entity that provided the
   13  information to the electric utility as private in that the
   14  disclosure of the information would cause harm to the providing
   15  entity or its business operations, and has not been disclosed
   16  unless disclosed pursuant to a statutory provision, an order of
   17  a court or administrative body, or private agreement that
   18  provides that the information will not be released to the
   19  public. Proprietary confidential business information includes,
   20  but is not limited to:
   21         1. Trade secrets.
   22         2. Internal auditing controls and reports of internal
   23  auditors.
   24         3. Security measures, systems, or procedures.
   25         4. Information concerning bids or other contractual data,
   26  the disclosure of which would impair the efforts of the electric
   27  utility to contract for goods or services on favorable terms.
   28         5. Information relating to competitive interests, the
   29  disclosure of which would impair the competitive business of the
   30  provider of the information.
   31         (b) Proprietary confidential business information held by
   32  an electric utility that is subject to chapter 119 in
   33  conjunction with a due diligence review of an electric project
   34  as defined in s. 163.01(3)(d) or a project to improve the
   35  delivery, cost, or diversification of fuel or renewable energy
   36  resources is confidential and exempt from s. 119.07(1) and s.
   37  24(a), Art. I of the State Constitution.
   38         (c) All proprietary confidential business information
   39  described in paragraph (b) shall be retained for one year after
   40  the due diligence review has been completed and the electric
   41  utility has decided whether or not to participate in the
   42  project.
   43         (d) This subsection is subject to the Open Government
   44  Sunset Review Act in accordance with s. 119.15, and shall stand
   45  repealed on October 2, 2018, unless reviewed and saved from
   46  repeal through reenactment by the Legislature.
   47         Section 2. (1) The Legislature finds that it is a public
   48  necessity that proprietary confidential business information
   49  held by an electric utility that is subject to chapter 119,
   50  Florida Statutes, in conjunction with a due diligence review of
   51  an electric project as defined in s. 163.01(3)(d), Florida
   52  Statutes, or a project to improve the delivery, cost, or
   53  diversification of fuel or renewable energy resources be made
   54  confidential and exempt from public records requirements. The
   55  disclosure of such proprietary confidential business
   56  information, such as trade secrets, internal auditing controls
   57  and reports, security measures, systems, or procedures, or other
   58  information relating to competitive interests, could injure the
   59  provider in the marketplace by giving its competitors detailed
   60  insights into its financial status and strategic plans, thereby
   61  putting the provider at a competitive disadvantage. Without this
   62  exemption, providers might be unwilling to enter into
   63  discussions with the utility regarding the feasibility of future
   64  contracting. This could, in turn, limit opportunities the
   65  utility might otherwise have for finding cost-effective or
   66  strategic solutions for providing electric service or improving
   67  the delivery, cost, or diversification of fuel or renewable
   68  energy. This would put public providers of electric utility
   69  services at a competitive disadvantage by limiting their ability
   70  to optimize services to their customers and adversely affecting
   71  the customers of those utilities by depriving them of
   72  opportunities for rate reductions or other improvements in
   73  services.
   74         (2) Proprietary confidential business information derives
   75  actual or potential independent economic value from not being
   76  generally known to, and not being readily ascertainable by
   77  proper means by, other persons who can derive economic value
   78  from its disclosure or use. A utility, in performing the
   79  appropriate due diligence review of electric projects or
   80  projects to improve the delivery, cost, or diversification of
   81  fuel or renewable energy sources, may need to obtain proprietary
   82  confidential business information. Without an exemption from
   83  public records requirements for this information, it becomes a
   84  public record when received by an electric utility and must be
   85  disclosed upon request. Disclosure of any proprietary
   86  confidential business information under the public records law
   87  would destroy the value of that property and cause economic harm
   88  not only to the entity or person providing the information, but
   89  to the ratepayers through reduced competition for the provision
   90  of vital electric utility services.
   91         (3) In finding that the public records exemption created by
   92  this act is a public necessity, the Legislature also finds that
   93  the public and private harm in disclosing such proprietary
   94  confidential business information significantly outweighs any
   95  public benefit derived from disclosure of the information and
   96  that the exemption created by this act will enhance the ability
   97  of electric utilities to optimize their performance, thereby
   98  benefiting the ratepayers.
   99         Section 3. This act shall take effect July 1, 2013.
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102         And the title is amended as follows:
  103         Delete everything before the enacting clause
  104  and insert:
  105                        A bill to be entitled                      
  106         An act relating to public records; amending s.
  107         119.0713, F.S.; providing an exemption from public
  108         records requirements for specified proprietary
  109         confidential business information held by an electric
  110         utility that is subject to ch. 119, F.S., in
  111         conjunction with a due diligence review of an electric
  112         project or a project to improve the delivery, cost, or
  113         diversification of fuel or renewable energy resources;
  114         providing for the retention of such information for a
  115         specified time; providing for future review and repeal
  116         of the exemption; providing a statement of public
  117         necessity; providing an effective date.