Senate Bill sb1162c1

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    Florida Senate - 2004                           CS for SB 1162

    By the Committees on Governmental Oversight and Productivity;
    and Communication and Public Utilities




    302-2066-04

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         365.174, F.S., relating to an exemption from

  5         public-records requirements provided for

  6         proprietary confidential business information

  7         held by the Wireless 911 Board or the State

  8         Technology Office; saving the exemption from

  9         repeal under the Open Government Sunset Review

10         Act; deleting provisions that provide for the

11         repeal of the exemption; providing an effective

12         date.

13  

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

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16         Section 1.  Section 365.174, Florida Statutes, is

17  amended to read:

18         365.174  Proprietary confidential business

19  information.--

20         (1)  All proprietary confidential business information

21  submitted by a provider to the board or the office, including

22  the name and billing or service addresses of service

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

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

25  of the State Constitution. Statistical abstracts of

26  information collected by the board or the office may be

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

28  identify or allow identification of subscribers or their

29  service numbers or of revenues attributable to any provider.

30         (2)  As used in this section, the term "proprietary

31  confidential business information" means customer lists,

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    Florida Senate - 2004                           CS for SB 1162
    302-2066-04




 1  customer numbers, individual or aggregate customer data by

 2  location, usage and capacity data, network facilities used to

 3  serve subscribers and other related information, technology

 4  descriptions, technical information, or trade secrets,

 5  including trade secrets as defined in s. 812.081, and the

 6  actual or developmental costs of E911 systems that are

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

 8  by a 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.  This act shall take effect October 1, 2004.

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15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                             SB 1162

17                                 

18  Narrows the exemption by eliminating the phrase "other related
    information" relative to customer numbers and customer lists
19  from the definition of "proprietary confidential business
    information" and by explicating what that other information
20  is.

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