Florida Senate - 2014                              CS for SB 292
       By the Committee on Governmental Oversight and Accountability;
       and Senator Hays
       585-02221-14                                           2014292c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         365.174, F.S.; providing an exemption from public
    4         records requirements for proprietary confidential
    5         business information submitted by a wireless service
    6         provider to the Department of Revenue; authorizing the
    7         Department of Revenue to share such information with
    8         the Secretary of Management Services and the E911
    9         Board; providing for future legislative review and
   10         repeal; providing a statement of public necessity;
   11         providing a contingent effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 365.174, Florida Statutes, is amended to
   16  read:
   17         365.174 Proprietary confidential business information.—
   18         (1)(a) All proprietary confidential business information
   19  submitted by a provider to the board or the office, including
   20  the name and billing or service addresses of service
   21  subscribers, and trade secrets as defined by s. 812.081, is
   22  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   23  of the State Constitution.
   24         (b) Statistical abstracts of information collected by the
   25  board or the office may be released or published, but only in a
   26  manner that does not identify or allow identification of
   27  subscribers or their service numbers or of revenues attributable
   28  to any provider.
   29         (2)(a) All proprietary confidential business information
   30  submitted by a provider to the Department of Revenue, as an
   31  agent of the board, is confidential and exempt from s. 119.07(1)
   32  and s. 24(a), Art. I of the State Constitution.
   33         (b) The Department of Revenue may provide information
   34  relative to s. 365.172(9) to the Secretary of Management
   35  Services, or his or her authorized agent, or to the E911 Board
   36  established in s. 365.172(5) for use in the conduct of the
   37  official business of the Department of Management Services or
   38  the E911 Board.
   39         (c) This subsection is subject to the Open Government
   40  Sunset Review Act in accordance with s. 119.15 and shall stand
   41  repealed on October 2, 2019, unless reviewed and saved from
   42  repeal through reenactment by the Legislature.
   43         (3)(2) As used in this section, the term “proprietary
   44  confidential business information” means customer lists,
   45  customer numbers, individual or aggregate customer data by
   46  location, usage and capacity data, network facilities used to
   47  serve subscribers, technology descriptions, technical
   48  information, or trade secrets, including trade secrets as
   49  defined in s. 812.081, and the actual or developmental costs of
   50  E911 systems that are developed, produced, or received
   51  internally by a provider or by a provider’s employees,
   52  directors, officers, or agents.
   53         Section 2. The Legislature finds that it is a public
   54  necessity that proprietary confidential business information
   55  submitted by a prepaid wireless service provider to the
   56  Department of Revenue, as an agent of the E911 Board, be made
   57  confidential and exempt from s. 119.07(1), Florida Statutes, and
   58  s. 24(a), Article I of the State Constitution. The disclosure of
   59  such information would adversely affect the business interests
   60  of prepaid wireless service providers providing the information
   61  by harming them in the marketplace and would impair competition
   62  in the communications industry. Disclosure of data that reveals
   63  the business interests of prepaid wireless service providers
   64  creates a competitive disadvantage and an unfair advantage for
   65  their competitors. Competitors can use such information to
   66  impair full and fair competition and impede competition in the
   67  wireless marketplace to the disadvantage of consumers of
   68  wireless services. Thus, the public and private harm in
   69  disclosing this information significantly outweighs any public
   70  benefit derived from disclosure, and the ability of the public
   71  to scrutinize or monitor agency action is not diminished by
   72  nondisclosure of this information.
   73         Section 3. This act shall take effect on the same date that
   74  SB 294 or similar legislation takes effect, if such legislation
   75  is adopted in the same legislative session or an extension
   76  thereof and becomes a law.