House Bill 0511e1

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                                           HB 511, First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         365.174, F.S.; providing an exemption from

  4         public records requirements for certain

  5         proprietary confidential business information

  6         submitted to the Wireless 911 Board or the

  7         Department of Management Services by providers

  8         of wireless 911 services; providing for future

  9         review and repeal; providing a finding of

10         public necessity; providing a contingent

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 365.174, Florida Statutes, is

16  created to read:

17         365.174  Proprietary confidential business

18  information.--

19         (1)  All proprietary confidential business information

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

21  including the name and billing or service addresses of service

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

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

24  of the State Constitution.  Statistical abstracts of

25  information collected by the board or the department may be

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

27  identify or allow identification of subscribers or their

28  service numbers or of revenues attributable to any provider.

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

30  business information" means customer lists, customer numbers,

31  and other related information, technology descriptions,


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                                           HB 511, First Engrossed



  1  technical information, or trade secrets, including trade

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

  3  developmental costs of E911 systems that are developed,

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

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

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

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

  8  shall stand repealed on October 1. 2004, unless reviewed and

  9  saved from repeal through reenactment by the Legislature.

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

11  necessity that trade secret information and proprietary

12  confidential business information be kept confidential when

13  held by the board or the department pursuant to their

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

15  secret or proprietary confidential business information in an

16  agency's possession would negatively impact the business

17  interest of those providing an agency such information by

18  damaging them in the marketplace, and those entities and

19  individuals disclosing such trade secret or proprietary

20  confidential business information would hesitate to cooperate

21  with that agency, which would impair the effective and

22  efficient administration of governmental functions.  Further,

23  disclosure of such trade secret or proprietary confidential

24  business information would impair competition in the wireless

25  telecommunications service industry.  Thus, the public and

26  private harm in disclosing trade secret or proprietary

27  confidential business information significantly outweighs any

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

29  ability to scrutinize and monitor agency action is not

30  diminished by nondisclosure of trade secret or proprietary

31  confidential business information.


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CODING: Words stricken are deletions; words underlined are additions.






                                           HB 511, First Engrossed



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

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

  3  emergency 911 telephone service, takes effect, if such

  4  legislation is adopted in the same legislative session or an

  5  extension thereof.

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