Senate Bill 1846c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1846
By the Committee on Regulated Industries and Senator Horne
315-1833-00
1 A bill to be entitled
2 An act relating to public records; providing an
3 exemption from public records requirements for
4 certain telecommunications company records;
5 providing for future review and repeal;
6 providing a finding of public necessity;
7 providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. (1) Any proprietary confidential business
12 information obtained from a telecommunications company or
13 franchised cable company by a local governmental entity for
14 the purposes of regulating the public rights-of-way is
15 confidential and exempt from the provisions of section
16 119.07(1), Florida Statutes, and Section 24 (a), Article I of
17 the State Constitution, may be used only for the purposes of
18 regulating such rights-of-way, and may not be used for any
19 other purposes, including, but not limited to, commerical or
20 competitive purposes.
21 (2) For the purposes of this exemption, "proprietary
22 confidential business information" includes any proprietary or
23 otherwise confidential information or documentation, including
24 maps, plans, billing and payment records, trade secrets, or
25 other information relating to the provision of or facilities
26 for communications service that is intended to be and is
27 treated by the company as confidential and is not otherwise
28 publicly available to the same extent and in the same format
29 as requested by the local governmental entity. Proprietary
30 confidential business information does not include schematics
31 indicating the location of facilities for a specific site that
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1846
315-1833-00
1 are provided in the normal course of the local governmental
2 entity's permitting process.
3 (3) Nothing in this exemption expands the information
4 or documentation that a local governmental entity may properly
5 request under applicable law pursuant to regulation of its
6 public rights-of-way.
7 (4) This section is subject to the Open Government
8 Sunset Review Act of 1995 in accordance with section 119.15,
9 Florida Statutes, and shall stand repealed on October 1, 2005,
10 unless reviewed and saved from repeal through reenactment by
11 the Legislature.
12 Section 2. The Legislature finds that it is a public
13 necessity that proprietary confidential business information
14 be kept confidential when held by a local governmental entity
15 pursuant to the public rights-of-way. Disclosure of
16 proprietary confidential business information in a local
17 governmental entity's possession would adversely affect the
18 business interests of telecommunications companies and
19 franchised cable companies providing the information by
20 harming them in the marketplace and compromising the security
21 of the communications network. Further, disclosure of such
22 proprietary confidential business information would impair
23 competition in the communications industry. Thus, the public
24 and private harm in disclosing the proprietary confidential
25 business information significantly outweighs any public
26 benefit derived from disclosure, and the public's ability to
27 scrutinize and monitor agency action is not diminished by
28 nondisclosure of the proprietary confidential business
29 information.
30 Section 3. This act shall take effect upon becoming a
31 law.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1846
315-1833-00
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1846
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4 The Committee Substitute for Senate Bill 1846 narrows the
bill's public records exemption for information obtained by
5 local government agencies relating to utility rights-of-way.
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