Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 7008
       
       
       
       
       
       
                                Ì263700oÎ263700                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2018           .                                
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       The Committee on Rules (Lee) recommended the following:
       
    1         Senate Substitute for Amendment (417470) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (4) of section 119.0713, Florida
    7  Statutes, is amended to read:
    8         119.0713 Local government agency exemptions from inspection
    9  or copying of public records.—
   10         (4)(a) Proprietary confidential business information means
   11  information, regardless of form or characteristics, which is
   12  held by an electric utility that is subject to this chapter 119,
   13  is intended to be and is treated by the entity that provided the
   14  information to the electric utility as private in that the
   15  disclosure of the information would cause harm to the entity
   16  providing the information or its business operations, and has
   17  not been disclosed unless disclosed pursuant to a statutory
   18  provision, an order of a court or administrative body, or a
   19  private agreement that provides that the information will not be
   20  released to the public. Proprietary confidential business
   21  information includes, but is not limited to:
   22         1. Trade secrets, as defined in s. 688.002.
   23         2. Internal auditing controls and reports of internal
   24  auditors.
   25         3. Security measures, systems, or procedures.
   26         4. Information concerning bids or other contractual data,
   27  the disclosure of which would impair the efforts of the electric
   28  utility to contract for goods or services on favorable terms.
   29         5. Information relating to competitive interests, the
   30  disclosure of which would impair the competitive business of the
   31  provider of the information.
   32         (b) Proprietary confidential business information held by
   33  an electric utility that is subject to this chapter 119 in
   34  conjunction with a due diligence review of an electric project
   35  as defined in s. 163.01(3)(d) or a project to improve the
   36  delivery, cost, or diversification of fuel or renewable energy
   37  resources is confidential and exempt from s. 119.07(1) and s.
   38  24(a), Art. I of the State Constitution.
   39         (c) All proprietary confidential business information
   40  described in paragraph (b) shall be retained for 1 year after
   41  the due diligence review has been completed and the electric
   42  utility has decided whether or not to participate in the
   43  project.
   44         (d) This subsection is subject to the Open Government
   45  Sunset Review Act in accordance with s. 119.15, and shall stand
   46  repealed on October 2, 2018, unless reviewed and saved from
   47  repeal through reenactment by the Legislature.
   48         Section 2. This act shall take effect October 1, 2018.
   49  
   50  ================= T I T L E  A M E N D M E N T ================
   51  And the title is amended as follows:
   52         Delete everything before the enacting clause
   53  and insert:
   54                        A bill to be entitled                      
   55         An act relating to a review under the Open Government
   56         Sunset Review Act; amending s. 119.0713, F.S., which
   57         provides an exemption from public records requirements
   58         for proprietary confidential business information held
   59         by a local government electric utility; conforming a
   60         cross-reference; redefining the term “proprietary
   61         confidential business information” to narrow the
   62         exemption; defining the term “trade secrets”; removing
   63         the scheduled repeal of the exemption; providing an
   64         effective date.