Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2126
       
       
       
       
       
       
                                Barcode 489186                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2009           .                                
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       The Committee on Communications, Energy, and Public Utilities
       (King) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Communications and broadband company proprietary
    7  business information; public records exemption.—
    8         (1) Any proprietary business information obtained from a
    9  communications company or broadband company by the Department of
   10  Management Services, or any person or agency authorized by the
   11  department, is confidential and exempt from s. 119.07(1),
   12  Florida Statutes, and s. 24(a), Art. I of the State
   13  Constitution.
   14         (2) For the purposes of the exemption provided in
   15  subsection (1), the term “proprietary confidential business
   16  information” includes any proprietary or otherwise confidential
   17  information or documentation, including plans, billing and
   18  payment records, trade secrets, or other information, and must
   19  be specifically marked and identified as such at the time
   20  initially provided to the department, that is intended to be and
   21  is treated by the communications or broadband company as
   22  confidential and is not otherwise publicly available to the same
   23  extent and in the same format as requested by the department.
   24  Proprietary confidential business information does not include
   25  aggregate information related to the geographic scope of the
   26  availability of broadband services or the speed of services that
   27  are available in the state so long as the information does not
   28  directly or indirectly identify a provider of broadband
   29  services.
   30         (3) Any person who willfully and knowingly violates this
   31  section commits a felony of the third degree, punishable as
   32  provided in s. 775.082, s. 775.083, or s. 775.084, Florida
   33  Statutes.
   34         (4) This section is subject to the Open Government Sunset
   35  Review Act in accordance with s. 119.15, Florida Statutes, and
   36  shall stand repealed on October 2, 2014, unless reviewed and
   37  saved from repeal through reenactment by the Legislature.
   38         Section 2. The Legislature finds that it is a public
   39  necessity that proprietary business information obtained from a
   40  communications company or broadband company by the Department of
   41  Management Services, or any person or agency authorized by the
   42  department, be held confidential and exempt from public records
   43  requirements. Disclosure of proprietary confidential business
   44  information would adversely affect the business interests of
   45  communications and broadband companies providing such
   46  information by harming them in the marketplace and compromising
   47  the security of the communications network. Further, disclosure
   48  of such proprietary confidential business information would
   49  impair competition in the communications industry. Competitors
   50  can use such information to impede full and fair competition in
   51  the communications marketplace to the disadvantage of the
   52  consumers of communications services. Thus, it is the finding of
   53  the Legislature that proprietary business information obtained
   54  from a communications company or broadband company by the
   55  Department of Management Services, or any person or agency
   56  authorized by the department, must be held confidential and
   57  exempt from disclosure under s. 119.07(1), Florida Statutes, and
   58  s. 24(a), Art. I of the State Constitution.
   59         Section 3. This act shall take effect on the same date that
   60  SB 2092 or similar legislation takes effect, if such legislation
   61  is adopted in the same legislative session or an extension
   62  thereof and becomes law.
   63  
   64  ================= T I T L E  A M E N D M E N T ================
   65         And the title is amended as follows:
   66         Delete everything before the enacting clause
   67  and insert:
   68                        A bill to be entitled                      
   69         An act relating to public records; providing an
   70         exemption from public records requirements for
   71         specified proprietary business information obtained
   72         from a communications company or broadband company by
   73         the Department of Management Services; providing for
   74         future review and repeal; providing a statement of
   75         public necessity; providing a contingent effective
   76         date.