Florida Senate - 2012              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 844
       
       
       
       
       
                                Barcode 114708                          
       
       585-02043-12                                                    
       Proposed Committee Substitute by the Committee on Governmental
       Oversight and Accountability
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 556.113, F.S., relating
    4         to an exemption from public records requirements for
    5         proprietary confidential business information held by
    6         Sunshine State One-Call of Florida, Inc.; saving the
    7         exemption from repeal under the Open Government Sunset
    8         Review Act; deleting the scheduled repeal of the
    9         exemption; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 556.113, Florida Statutes, is amended to
   14  read:
   15         556.113 Sunshine State One-Call of Florida, Inc.; public
   16  records exemption.—
   17         (1) As used in this section, the term “proprietary
   18  confidential business information” means information provided
   19  by:
   20         (a) A member operator which is a map, plan, facility
   21  location diagram, internal damage investigation report or
   22  analysis, dispatch methodology, or trade secret as defined in s.
   23  688.002, or which describes the exact location of a utility
   24  underground facility or the protection, repair, or restoration
   25  thereof, and:
   26         1. Is intended to be and is treated by the member operator
   27  as confidential;
   28         2. The disclosure of which would likely be used by a
   29  competitor to harm the business interests of the member operator
   30  or could be used for the purpose of inflicting damage on
   31  underground facilities; and
   32         3. Is not otherwise readily ascertainable or publicly
   33  available by proper means by other persons from another source
   34  in the same configuration as provided to Sunshine State One-Call
   35  of Florida, Inc.
   36         (b) An excavator in an internal damage investigation report
   37  or analysis relating to damage to underground utility
   38  facilities, and:
   39         1. Is intended to be and is treated by the excavator as
   40  confidential;
   41         2. The disclosure of which would be reasonably likely to be
   42  used by a competitor to harm the business interests of the
   43  excavator or could be used for the purpose of inflicting damage
   44  on underground facilities; and
   45         3. Is not otherwise readily ascertainable or publicly
   46  available by proper means by other persons from another source
   47  in the same configuration as provided to Sunshine State One-Call
   48  of Florida, Inc.
   49         (2) Proprietary confidential business information held by
   50  Sunshine State One-Call of Florida, Inc., for the purpose of
   51  describing the extent and root cause of damage to an underground
   52  facility or using the member ticket management software system
   53  is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   54  Constitution.
   55         (3) This section is subject to the Open Government Sunset
   56  Review Act in accordance with s. 119.15 and shall stand repealed
   57  on October 2, 2012, unless reviewed and saved from repeal
   58  through reenactment by the Legislature.
   59         Section 2. This act shall take effect October 1, 2012.