Senate Bill sb7006pb

    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7006

    FOR CONSIDERATION By the Committee on Communications and
    Public Utilities




    579-271A-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., relating to an exemption from

  5         public-records requirements for proprietary

  6         confidential business information obtained from

  7         a telecommunications company or franchised

  8         cable company by a local governmental entity;

  9         saving the exemption from repeal under the Open

10         Government Sunset Review Act; clarifying the

11         definition of the term "proprietary

12         confidential business information"; deleting

13         provisions that provide for the repeal of the

14         exemption; providing an effective date.

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

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18         Section 1.  Subsections (1), (2), and (5) of section

19  202.195, Florida Statutes, are 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   (PROPOSED COMMITTEE BILL)     SPB 7006
    579-271A-05




 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 and is not otherwise publicly available to the

11  same extent and in the same format as requested by the local

12  governmental entity, the disclosure of which would be

13  reasonably likely to be used by a competitor to harm the

14  business interests of the provider, and which is not otherwise

15  known or cannot otherwise be legally obtained by the

16  competitor. Proprietary confidential business information does

17  not include schematics indicating the location of facilities

18  for a specific site which that are provided in the normal

19  course of the local governmental entity's permitting process,

20  but does include any compilation of schematics showing a

21  broader picture of the facilities in an area, regardless of

22  whether the compilation is provided by the telecommunications

23  company or franchised cable company or compiled by the local

24  governmental entity. 

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

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

27  shall stand repealed on October 1, 2005, unless reviewed and

28  saved from repeal through reenactment by the Legislature.

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

30  2005.

31  

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7006
    579-271A-05




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 2                          SENATE SUMMARY

 3    Revises an exemption from the public records law to
      clarify the definition of the term "proprietary
 4    confidential business information" as it relates to
      information obtained by a local government from a
 5    telecommunications company or franchised cable company.
      Removes the repeal of the exemption scheduled on October
 6    1, 2005, under the Open Government Sunset Review Act.

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