Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 292
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2014           .                                

       (Hays) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 365.174, Florida Statutes, is amended to
    6  read:
    7         365.174 Proprietary confidential business information.—
    8         (1)(a) All proprietary confidential business information
    9  submitted by a provider to the board or the office, including
   10  the name and billing or service addresses of service
   11  subscribers, and trade secrets as defined by s. 812.081, is
   12  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   13  of the State Constitution.
   14         (b) Statistical abstracts of information collected by the
   15  board or the office may be released or published, but only in a
   16  manner that does not identify or allow identification of
   17  subscribers or their service numbers or of revenues attributable
   18  to any provider.
   19         (2)(a) All proprietary confidential business information
   20  submitted by a provider to the Department of Revenue, as an
   21  agent of the board, is confidential and exempt from s. 119.07(1)
   22  and s. 24(a), Art. I of the State Constitution.
   23         (b) The Department of Revenue may provide information
   24  relative to s. 365.172(9) to the Secretary of Management
   25  Services, or his or her authorized agent, or to the E911 Board
   26  established in s. 365.172(5) for use in the conduct of the
   27  official business of the Department of Management Services or
   28  the E911 Board.
   29         (c) This subsection is subject to the Open Government
   30  Sunset Review Act in accordance with s. 119.15 and shall stand
   31  repealed on October 2, 2019, unless reviewed and saved from
   32  repeal through reenactment by the Legislature.
   33         (3)(2) As used in this section, the term “proprietary
   34  confidential business information” means customer lists,
   35  customer numbers, individual or aggregate customer data by
   36  location, usage and capacity data, network facilities used to
   37  serve subscribers, technology descriptions, technical
   38  information, or trade secrets, including trade secrets as
   39  defined in s. 812.081, and the actual or developmental costs of
   40  E911 systems that are developed, produced, or received
   41  internally by a provider or by a provider’s employees,
   42  directors, officers, or agents.
   43         Section 2. The Legislature finds that it is a public
   44  necessity that proprietary confidential business information
   45  submitted by a prepaid wireless service provider to the
   46  Department of Revenue, as an agent of the E911 Board, be made
   47  confidential and exempt from s. 119.07(1), Florida Statutes, and
   48  s. 24(a), Article I of the State Constitution. The disclosure of
   49  such information would adversely affect the business interests
   50  of prepaid wireless service providers providing the information
   51  by harming them in the marketplace and would impair competition
   52  in the communications industry. Disclosure of data that reveals
   53  the business interests of prepaid wireless service providers
   54  creates a competitive disadvantage and an unfair advantage for
   55  their competitors. Competitors can use such information to
   56  impair full and fair competition and impede competition in the
   57  wireless marketplace to the disadvantage of consumers of
   58  wireless services. Thus, the public and private harm in
   59  disclosing this information significantly outweighs any public
   60  benefit derived from disclosure, and the ability of the public
   61  to scrutinize or monitor agency action is not diminished by
   62  nondisclosure of this information.
   63         Section 3. This act shall take effect on the same date that
   64  SB 294 or similar legislation takes effect, if such legislation
   65  is adopted in the same legislative session or an extension
   66  thereof and becomes a law.
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete everything before the enacting clause
   71  and insert:
   72                        A bill to be entitled                      
   73         An act relating to public records; amending s.
   74         365.174, F.S.; providing an exemption from public
   75         records requirements for proprietary confidential
   76         business information submitted by a wireless service
   77         provider to the Department of Revenue; authorizing the
   78         Department of Revenue to share such information with
   79         the Secretary of Management Services and the E911
   80         Board; providing for future legislative review and
   81         repeal; providing a statement of public necessity;
   82         providing a contingent effective date.