HOUSE AMENDMENT

                                                   Bill No. HB 511

    Amendment No. 01s (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  The Committee on Community Affairs offered the following:

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13         Substitute Amendment for Amendment (530409) (with title

14  amendment) 

15  Remove from the bill:  Everything after the enacting clause

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17  and insert in lieu thereof:

18         Section 1.  Section 365.174, Florida Statutes, is

19  created to read:

20         365.174  Proprietary confidential business

21  information.--

22         (1)  All proprietary confidential business information

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

24  including the name and billing or service addresses of service

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

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

27  of the State Constitution.  Statistical abstracts of

28  information collected by the board or the department may be

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

30  identify or allow identification of subscribers or their

31  service numbers or of revenues attributable to any provider.

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    File original & 9 copies    03/31/99
    hca0012                     01:01 pm         00511-ca  -514715




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 511

    Amendment No. 01s (for drafter's use only)





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

 2  business information" means customer lists, customer numbers,

 3  and other related information, technology descriptions,

 4  technical information, or trade secrets, including trade

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

 6  developmental costs of E911 systems that are developed,

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

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

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

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

11  shall stand repealed on October 1. 2004, unless reviewed and

12  saved from repeal through reenactment by the Legislature.

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

14  necessity that trade secret information and proprietary

15  confidential business information be kept confidential when

16  held by the board or the department pursuant to their

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

18  secret or proprietary confidential business information in an

19  agency's possession would negatively impact the business

20  interest of those providing an agency such information by

21  damaging them in the marketplace, and those entities and

22  individuals disclosing such trade secret or proprietary

23  confidential business information would hesitate to cooperate

24  with that agency, which would impair the effective and

25  efficient administration of governmental functions.  Further,

26  disclosure of such trade secret or proprietary confidential

27  business information would impair competition in the wireless

28  telecommunications service industry.  Thus, the public and

29  private harm in disclosing trade secret or proprietary

30  confidential business information significantly outweighs any

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

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    File original & 9 copies    03/31/99
    hca0012                     01:01 pm         00511-ca  -514715




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 511

    Amendment No. 01s (for drafter's use only)





 1  ability to scrutinize and monitor agency action is not

 2  diminished by nondisclosure of trade secret or proprietary

 3  confidential business information.

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

 5  as House Bill 621 or similar legislation, relating to wireless

 6  emergency 911 telephone service, takes effect, if such

 7  legislation is adopted in the same legislative session or an

 8  extension thereof.

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

12  And the title is amended as follows:

13         On page 1, Lines 2-15

14  remove from the title of the bill:  all of said lines

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16  and insert in lieu thereof:

17         An act relating to public records; creating s.

18         365.174, F.S.; providing an exemption from

19         public records requirements for certain

20         proprietary confidential business information

21         submitted to the Wireless 911 Board or the

22         Department of Management Services by providers

23         of wireless 911 services; providing for future

24         review and repeal; providing a finding of

25         public necessity; providing a contingent

26         effective date.

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    File original & 9 copies    03/31/99
    hca0012                     01:01 pm         00511-ca  -514715