SENATE AMENDMENT

    Bill No. SB 180

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Carlton moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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16  and insert:

17         Section 1.  Section 365.174, Florida Statutes, is

18  created to read:

19         365.174  Proprietary confidential business

20  information.--

21         (1)  All proprietary confidential business information

22  submitted by a provider to the board or the department,

23  including the name and billing or service addresses of service

24  subscribers, and trade secrets as defined by s. 812.081, is

25  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

26  of the State Constitution. Statistical abstracts of

27  information collected by the board or the department may be

28  released or published, but only in a manner that does not

29  identify or allow identification of subscribers or their

30  service numbers or of revenues attributable to any provider.

31         (2)  As used in this section, "proprietary confidential

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                                                  SENATE AMENDMENT

    Bill No. SB 180

    Amendment No.    





 1  business information" means customer lists, customer numbers,

 2  and other related information, technology descriptions,

 3  technical information, or trade secrets, including trade

 4  secrets as defined in s. 812.081, and the actual or

 5  developmental costs of E911 systems that are developed,

 6  produced, or received internally by a provider or by a

 7  provider's employees, directors, officers, or agents.

 8         (3)  This section is subject to the Open Government

 9  Sunset Review Act of 1995 in accordance with s. 119.15, and

10  shall stand repealed on October 1, 2004, unless reviewed and

11  saved from repeal through reenactment by the Legislature.

12         Section 2.  The Legislature finds that it is a public

13  necessity that trade secret information and proprietary

14  confidential business information be kept confidential when

15  held by the board or the department pursuant to their

16  authority under ss. 365.172 and 365.173. Disclosure of trade

17  secret or proprietary confidential business information in an

18  agency's possession would negatively impact the business

19  interest of those providing an agency such information by

20  damaging them in the marketplace, and those entities and

21  individuals disclosing such trade secret or proprietary

22  confidential business information would hesitate to cooperate

23  with that agency, which would impair the effective and

24  efficient administration of governmental functions. Further,

25  disclosure of such trade secret or proprietary confidential

26  business information would impair competition in the wireless

27  telecommunications service industry. Thus, the public and

28  private harm in disclosing trade secret or proprietary

29  confidential business information significantly outweighs any

30  public benefit derived from disclosure, and the public's

31  ability to scrutinize and monitor agency action is not

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    10:50 AM   04/21/99                               s0180c-24k6r




                                                  SENATE AMENDMENT

    Bill No. SB 180

    Amendment No.    





 1  diminished by nondisclosure of trade secret or proprietary

 2  confidential business information.

 3         Section 3.  This act shall take effect on the same date

 4  as Senate Bill 178 or similar legislation, relating to

 5  wireless emergency 911 telephone service, takes effect, if

 6  such legislation is adopted in the same legislative session or

 7  an extension thereof.

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10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         Delete everything before the enacting clause

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14  and insert:

15                      A bill to be entitled

16         An act relating to public records; creating s.

17         365.174, F.S.; providing an exemption from

18         public records requirements for certain

19         proprietary confidential business information

20         submitted to the Wireless 911 Board or the

21         Department of Management Services by providers

22         of wireless 911 services; providing for future

23         review and repeal; providing a finding of

24         public necessity; providing a contingent

25         effective date.

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