Senate Bill 0180
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 180
By the Committee on Comprehensive Planning, Local and Military
Affairs
316-84A-99
1 A bill to be entitled
2 An act relating to public records; creating s.
3 365.174, F.S.; providing for the
4 confidentiality of certain records relating to
5 the identification of persons who request
6 emergency services by accessing a 911 telephone
7 number; providing for the confidentiality of
8 certain information submitted to the Wireless
9 911 Advisory Board or the Department of
10 Management Services by providers of wireless
11 911 services; providing for future legislative
12 review and repeal; providing a statement of
13 public necessity; providing a contingent
14 effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 365.174, Florida Statutes, is
19 created to read:
20 365.174 Proprietary and confidential information.--
21 (1) Any record, recording, or information, or portions
22 thereof, which is obtained by a public agency, public safety
23 agency, or county for the purposes of providing services in an
24 emergency and which reveals the name, address, or telephone
25 number of, or personal information about, or information that
26 may identify, any person who requests emergency service or who
27 reports an emergency by accessing an emergency 911 telephone
28 system is confidential and exempt from s. 119.07(1) and s.
29 24(a), Art. I of the State Constitution, except that such
30 record or information may be disclosed to a public safety
31 agency. This exemption applies only to information that may
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Florida Senate - 1999 SB 180
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1 identify a person who reports an emergency while such
2 information is in the custody of the public agency, public
3 safety agency, or answering point that receives the initial
4 911 telephone call.
5 (2) All proprietary and confidential information
6 submitted by a provider to the board or the department,
7 including the names and billing or service addresses of
8 service subscribers, and trade secrets as defined by s.
9 812.081, is confidential and exempt from s. 119.07(1) and s.
10 24(a), Art. I of the State Constitution. Statistical abstracts
11 of information collected by the board or the department may be
12 released or published, but only in a manner that does not
13 identify or allow identification of subscribers or their
14 service numbers or of revenues attributable to any provider.
15 (3) As used in this section, the term "proprietary
16 information" means customer lists and other related
17 information, technology descriptions, technical information,
18 or trade secrets, including the term "trade secrets" as
19 defined in s. 812.081, and the actual or developmental costs
20 of E911 systems that are developed, produced, or received
21 internally by a provider or by a provider's employees,
22 directors, officers, or agents.
23 (4) This section is subject to the Open Government
24 Sunset Review Act of 1995 in accordance with s. 119.15, and is
25 repealed on October 1, 2004, unless reviewed and saved from
26 repeal through reenactment by the Legislature before that
27 date.
28 Section 2. The exemption from the public records law
29 provided by this act for persons who request emergency
30 services or report an emergency through use of emergency 911
31 services promotes the unrestrained use of emergency 911
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Florida Senate - 1999 SB 180
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1 services to provide expedited medical and law enforcement
2 services to persons in need of emergency assistance. The
3 exemption from the public records law provided in this act for
4 proprietary information is necessary to foster competition in
5 the wireless telecommunications services industry and to
6 protect the competitive interests of the providers of such
7 information.
8 Section 3. This act shall take effect on the effective
9 date of Senate Bill , relating to wireless emergency 911
10 telephone service, but shall not take effect if such
11 legislation does not become a law.
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14 SENATE SUMMARY
15 Exempts from the public records law information that
discloses the identity of persons who request emergency
16 services or report an emergency through use of wireless
emergency 911 services, the names and billing addresses
17 of service subscribers, and trade secrets of wireless
emergency 911 service providers. Provides for future
18 legislative review and repeal of the exemption.
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