Florida Senate - 2018                   (PROPOSED BILL) SPB 7008
       
       
        
       FOR CONSIDERATION By the Committee on Communications, Energy,
       and Public Utilities
       
       
       
       
       579-00900-18                                          20187008pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.0713, F.S.,
    4         relating to an exemption from public records
    5         requirements for proprietary confidential business
    6         information held by a local government electric
    7         utility; removing the scheduled repeal of the
    8         exemption; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (4) of section 119.0713, Florida
   13  Statutes, is amended to read:
   14         119.0713 Local government agency exemptions from inspection
   15  or copying of public records.—
   16         (4)(a) Proprietary confidential business information means
   17  information, regardless of form or characteristics, which is
   18  held by an electric utility that is subject to this chapter 119,
   19  is intended to be and is treated by the entity that provided the
   20  information to the electric utility as private in that the
   21  disclosure of the information would cause harm to the entity
   22  providing the information or its business operations, and has
   23  not been disclosed unless disclosed pursuant to a statutory
   24  provision, an order of a court or administrative body, or a
   25  private agreement that provides that the information will not be
   26  released to the public. Proprietary confidential business
   27  information includes, but is not limited to:
   28         1. Trade secrets.
   29         2. Internal auditing controls and reports of internal
   30  auditors.
   31         3. Security measures, systems, or procedures.
   32         4. Information concerning bids or other contractual data,
   33  the disclosure of which would impair the efforts of the electric
   34  utility to contract for goods or services on favorable terms.
   35         5. Information relating to competitive interests, the
   36  disclosure of which would impair the competitive business of the
   37  provider of the information.
   38         (b) Proprietary confidential business information held by
   39  an electric utility that is subject to this chapter 119 in
   40  conjunction with a due diligence review of an electric project
   41  as defined in s. 163.01(3)(d) or a project to improve the
   42  delivery, cost, or diversification of fuel or renewable energy
   43  resources is confidential and exempt from s. 119.07(1) and s.
   44  24(a), Art. I of the State Constitution.
   45         (c) All proprietary confidential business information
   46  described in paragraph (b) shall be retained for 1 year after
   47  the due diligence review has been completed and the electric
   48  utility has decided whether or not to participate in the
   49  project.
   50         (d) This subsection is subject to the Open Government
   51  Sunset Review Act in accordance with s. 119.15, and shall stand
   52  repealed on October 2, 2018, unless reviewed and saved from
   53  repeal through reenactment by the Legislature.
   54         Section 2. This act shall take effect October 1, 2018.