Senate Bill sb1406

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    Florida Senate - 2002                                  SB 1406

    By Senator Pruitt





    27-1060A-02

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public-records requirements for

  4         information received by a taxing authority or

  5         its agency in connection with certain audits of

  6         the records of a provider of telecommunication

  7         services; providing for future legislative

  8         review and repeal; providing that the act is

  9         remedial and applies regardless of when the

10         audit was begun; providing a finding of public

11         necessity; providing an effective date.

12

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

14

15         Section 1.  If an audit of a telecommunications service

16  provider is conducted under section 36 of chapter 2001-140,

17  Laws of Florida, and section 166.234, Florida Statutes, any

18  information received by the taxing authority or its agent in

19  connection with the audit is confidential and exempt from

20  section 119.07(1), Florida Statutes, and Section 24(a) of

21  Article I of the State Constitution, except that such

22  information must be provided to the Department of Revenue upon

23  request. This section is subject to the Open Government Sunset

24  Review Act of 1995 in accordance with section 119.15, Florida

25  Statutes, and shall stand repealed on October 2, 2007, unless

26  reviewed and saved from repeal through reenactment by the

27  Legislature.

28         Section 2.  Section 1 of this act is remedial in nature

29  and applies to all audits conducted under section 36 of

30  chapter 2001-140, Laws of Florida, and section 166.234,

31

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    Florida Senate - 2002                                  SB 1406
    27-1060A-02




  1  Florida Statutes, regardless of whether the audit was begun

  2  before or after the effective date of this act.

  3         Section 3.  The Legislature finds that it is a public

  4  necessity that any information received by a local government

  5  in connection with an audit of a public service tax collected

  6  by a telecommunications service provider should be exempt from

  7  disclosure because disclosing such information would adversely

  8  affect the business interests of the telecommunications

  9  service provider by harming the provider in the marketplace

10  and would compromise the security of the communications

11  network. In addition, disclosure of such information would

12  impair competition within the telecommunications industry.

13  Disclosing information that reveals the business interests of

14  a telecommunications service company creates an unfair

15  advantage for its competitors. Competitors can use such

16  information to impair full and fair competition in the

17  telecommunications marketplace to the disadvantage of

18  consumers of telecommunications services. Thus, the public and

19  private harm in disclosing this information significantly

20  outweighs any public benefit derived from such disclosure and

21  the public's ability to scrutinize or monitor agency action is

22  not diminished by requiring that this information be

23  confidential.

24         Section 4.  This act shall take effect upon becoming a

25  law.

26

27            *****************************************

28                          SENATE SUMMARY

29    Exempts from disclosure under the public-records law the
      information received by a taxing authority or its agent
30    in connection with an audit of a telecommunications
      service provider. Provides for future legislative review
31    and repeal under the Open Government Sunset Review Act of
      1995. Provides for application of the exemption.
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CODING: Words stricken are deletions; words underlined are additions.