Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 680
Barcode 022738
CHAMBER ACTION
Senate House
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11 The Committee on Communications and Public Utilities (Dockery)
12 recommended the following amendment:
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14 Senate Amendment
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 202.195, Florida Statutes, is
19 amended to read:
20 202.195 Proprietary confidential business information;
21 public records exemption.--
22 (1) Any proprietary confidential business information
23 obtained from a telecommunications company or franchised cable
24 company by a local governmental entity relating to imposing
25 fees for occupying the public rights-of-way or assessing the
26 local communications services tax pursuant to s. 202.19 or
27 otherwise relating to regulating the public rights-of-way is
28 confidential and exempt from the provisions of s. 119.07(1)
29 and s. 24(a), Art. I of the State Constitution, may be used
30 only for the purposes of imposing such fees or assessing such
31 tax or regulating such rights-of-way, and may not be used for
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 680
Barcode 022738
1 any other purposes, including, but not limited to, commercial
2 or competitive purposes.
3 (2) For the purposes of this exemption, the term
4 "proprietary confidential business information" includes any
5 proprietary or otherwise confidential information or
6 documentation, including maps, plans, billing and payment
7 records, trade secrets, or other information relating to the
8 provision of or facilities for communications service which
9 that is intended to be and is treated by the company as
10 confidential in that the disclosure of the information may
11 cause harm to the company's business interests, operations, or
12 security and the information is not otherwise publicly
13 available to the same extent and in the same format as held
14 requested by the local governmental entity. Proprietary
15 confidential business information does not include schematics
16 indicating the location of facilities for a specific site
17 which that are provided in the normal course of the local
18 governmental entity's permitting process.
19 (3) Nothing in this exemption expands the information
20 or documentation that a local governmental entity may properly
21 request under applicable law pursuant to the imposition of
22 fees for occupying the rights-of-way or the local
23 communication services tax or the regulation of its public
24 rights-of-way.
25 (4) Any information in the possession of a local
26 government entity which consists of maps, plans, schematics,
27 diagrams, or other engineering data relating to the exact
28 location and capacity of facilities for the provision of
29 communications services by the local government entity shall
30 be exempt from the provisions of s. 119.07(1) and s. 24(a),
31 Art. I of the State Constitution. Such information shall
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 680
Barcode 022738
1 remain exempt only for a period of 60 days after completion of
2 the construction of the communications services facilities.
3 (5) This section is subject to the Open Government
4 Sunset Review Act of 1995 in accordance with s. 119.15 and
5 shall stand repealed on October 1, 2005, unless reviewed and
6 saved from repeal through reenactment by the Legislature.
7 Section 2. This act shall take effect September 30,
8 2005.
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