Senate Bill sb0680c1

    Florida Senate - 2005                            CS for SB 680

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




    585-1875A-05

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         202.195, F.S.; revising a public-records

  5         exemption for proprietary confidential business

  6         information obtained from a telecommunications

  7         company or franchised cable company for

  8         specified purposes under the Communications

  9         Services Tax Simplification Law; removing the

10         October 2, 2005, repeal thereof scheduled under

11         the Open Government Sunset Review Act; removing

12         superfluous provisions; making editorial

13         changes; providing an effective date.

14  

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

16  

17         Section 1.  Section 202.195, Florida Statutes, is

18  amended to read:

19         202.195  Proprietary confidential business information;

20  public records exemption.--

21         (1)  Any Proprietary confidential business information

22  obtained from a telecommunications company or franchised cable

23  company for the purposes of by a local governmental entity

24  relating to imposing fees for occupying the public

25  rights-of-way, or assessing the local communications services

26  tax pursuant to s. 202.19, or otherwise relating to regulating

27  the public rights-of-way, held by a local governmental entity,

28  is confidential and exempt from the provisions of s. 119.07(1)

29  and s. 24(a), Art. I of the State Constitution. Such

30  proprietary confidential business information held by a local

31  governmental entity, may be used only for the purposes of

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    Florida Senate - 2005                            CS for SB 680
    585-1875A-05




 1  imposing such fees, or assessing such tax, or regulating such

 2  rights-of-way, and may not be used for any other purposes,

 3  including, but not limited to, commercial or competitive

 4  purposes.

 5         (2)  For the purposes of this exemption, "proprietary

 6  confidential business information" includes any proprietary or

 7  otherwise confidential information or documentation, including

 8  maps, plans, billing and payment records, trade secrets, or

 9  other information relating to the provision of or facilities

10  for communications service:

11         (a)  That is intended to be and is treated by the

12  company as confidential;

13         (b)  The disclosure of which would be reasonably likely

14  to be used by a competitor to harm the business interests of

15  the company; and

16         (c)  That is not otherwise readily ascertainable or

17  publicly available by proper means by other persons from

18  another source to the same extent and in the same

19  configuration format as requested by the local governmental

20  entity.

21  

22  Proprietary confidential business information does not include

23  schematics indicating the location of facilities for a

24  specific site that are provided in the normal course of the

25  local governmental entity's permitting process.

26         (3)  Nothing in this exemption expands the information

27  or documentation that a local governmental entity may properly

28  request under applicable law pursuant to the imposition of

29  fees for occupying the rights-of-way, or the local

30  communication services tax, or the regulation of its public

31  rights-of-way.

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    Florida Senate - 2005                            CS for SB 680
    585-1875A-05




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

 2  government entity which consists of Maps, plans, schematics,

 3  diagrams, or other engineering data held by a local

 4  governmental entity that relate relating to the exact location

 5  and capacity of facilities for the provision of communications

 6  services by such the local government entity are shall be

 7  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

 8  I of the State Constitution. Such information is shall remain

 9  exempt only for a period of 60 days after completion of the

10  construction of the communications services facilities.

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

12  Sunset Review Act of 1995 in accordance with s. 119.15 and

13  shall stand repealed on October 1, 2005, unless reviewed and

14  saved from repeal through reenactment by the Legislature.

15         Section 2.  This act shall take effect September 30,

16  2005.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 680

20                                 

21  Clarifies the definition of "proprietary confidential business
    information." Provides that proprietary business information
22  is information that could be used by a competitor to harm the
    proprietor's interest. Provides that such information is not
23  readily ascertainable or publicly available by proper means
    from another source in the same configuration as requested by
24  the local governmental entity.

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