1 | A bill to be entitled |
2 | An act relating to public records; providing an exemption |
3 | from public records requirements for specified proprietary |
4 | business information obtained from a telecommunications |
5 | company or broadband company by the Department of |
6 | Management Services; providing for future review and |
7 | repeal; providing a statement of public necessity; |
8 | providing a contingent effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Telecommunications and broadband company |
13 | proprietary business information; public records exemption.-- |
14 | (1) Any proprietary business information obtained from a |
15 | telecommunications company or broadband company by the |
16 | Department of Management Services, or any person or agency |
17 | authorized by the department, is confidential and exempt from s. |
18 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
19 | (2) For the purposes of the exemption provided in |
20 | subsection (1), "proprietary confidential business information" |
21 | includes any proprietary or otherwise confidential information |
22 | or documentation, including plans, billing and payment records, |
23 | trade secrets, or other information, that is intended to be and |
24 | is treated by the telecommunications or broadband company as |
25 | confidential and is not otherwise publicly available to the same |
26 | extent and in the same format as requested by the department. |
27 | Proprietary confidential business information does not include |
28 | aggregate information related to maps and location of facilities |
29 | and broadband services or the speed of services that are |
30 | available in the state. |
31 | (3) Any person who willfully and knowingly violates this |
32 | section commits a felony of the third degree, punishable as |
33 | provided in s. 775.082, s. 775.083, or s. 775.084. |
34 | (4) This section is subject to the Open Government Sunset |
35 | Review Act in accordance with s. 119.15 and shall stand repealed |
36 | on October 2, 2014, unless reviewed and saved from repeal |
37 | 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 | telecommunications company or broadband company by the |
41 | Department of Management Services, or any person or agency |
42 | authorized by the department, be held confidential and exempt |
43 | from public records requirements. Disclosure of proprietary |
44 | confidential business information would adversely affect the |
45 | business interests of telecommunications and broadband companies |
46 | providing such information by harming them in the marketplace |
47 | and compromising the security of the communications network. |
48 | Further, disclosure of such proprietary confidential business |
49 | information would impair competition in the communications |
50 | industry. Competitors can use such information to impede full |
51 | and fair competition in the telecommunications marketplace to |
52 | the disadvantage of the consumers of telecommunications |
53 | services. Thus, it is the finding of the Legislature that |
54 | proprietary business information obtained from a |
55 | telecommunications company or broadband company by the |
56 | Department of Management Services, or any person or agency |
57 | authorized by the department, must be held confidential and |
58 | exempt from disclosure under s. 119.07(1), Florida Statutes, and |
59 | s. 24(a), Art. I of the State Constitution. |
60 | Section 3. This act shall take effect on the same date |
61 | that HB 7091 or similar legislation takes effect, if such |
62 | legislation is adopted in the same legislative session or an |
63 | extension thereof and becomes law. |