Florida Senate - 2012 CS for SB 844 By the Committees on Governmental Oversight and Accountability; and Communications, Energy, and Public Utilities; and Senator Lynn 585-03100-12 2012844c1 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 Sunset56 Review Act in accordance with s. 119.15 and shall stand repealed57 on October 2, 2012, unless reviewed and saved from repeal58 through reenactment by the Legislature.59 Section 2. This act shall take effect October 1, 2012.