SENATE AMENDMENT

    Bill No. CS for SB 1846

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Horne moved the following amendment:

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13         Senate Amendment 

14         On page 2, lines 7-29, delete those lines

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16  and insert:

17         (4)  Any information in the possession of a local

18  government entity which consists of maps, plans, schematics,

19  diagrams, or other engineering data relating to the exact

20  location and capacity of facilities for the provision of

21  communications services by the local government entity shall

22  be exempt from the provisions of section 119.07(1), Florida

23  Statutes, and section 24(a), Article I of the State

24  Constitution. Such information shall remain exempt only for a

25  period of sixty days after completion of construction of the

26  communications services facilities.

27         (5)  This section is subject to the Open Government

28  Sunset Review Act of 1995 in accordance with section 119.15,

29  Florida Statutes, and shall stand repealed on October 1, 2005,

30  unless reviewed and saved from repeal through reenactment by

31  the Legislature.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1846

    Amendment No.    





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

 2  necessity that proprietary confidential business information

 3  be kept confidential when held by a local governmental entity

 4  pursuant to the public rights-of-way. Disclosure of

 5  proprietary confidential business information in a local

 6  governmental entity's possession would adversely affect the

 7  business interests of telecommunications companies and

 8  franchised cable companies providing the information by

 9  harming them in the marketplace and compromising the security

10  of the communications network. Further, disclosure of such

11  proprietary confidential business information would impair

12  competition in the communications industry. Disclosure of data

13  prepared by or in the possession of a local government which

14  reveals the type and size of facilities which will be

15  constructed to provide telecommunications services creates a

16  competitive disadvantage for the local government and an

17  unfair advantage for its competitors. Competitors can use such

18  information to thwart full and fair competition, impeding a

19  competitive telecommunications market to the disadvantage of

20  the consumers of telecommunications services.  Thus, the

21  public and private harm in disclosing such information

22  significantly outweighs any public benefit derived from

23  disclosure, and the public's ability to scrutinize and monitor

24  agency action is not diminished by nondisclosure of such

25  information.

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