The Florida Senate

202.195  Proprietary confidential business information; public records exemption.--

(1)  Any proprietary confidential business information obtained from a telecommunications company or franchised cable company by a local governmental entity relating to imposing fees for occupying the public rights-of-way or assessing the local communications services tax pursuant to s. 202.19 or otherwise relating to regulating the public rights-of-way is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, may be used only for the purposes of imposing such fees or assessing such tax or regulating such rights-of-way, and may not be used for any other purposes, including, but not limited to, commercial or competitive purposes.

(2)  For the purposes of this exemption, "proprietary confidential business information" includes any proprietary or otherwise confidential information or documentation, including maps, plans, billing and payment records, trade secrets, or other information relating to the provision of or facilities for communications service that is intended to be and is treated by the company as confidential and is not otherwise publicly available to the same extent and in the same format as requested by the local governmental entity. Proprietary confidential business information does not include schematics indicating the location of facilities for a specific site that are provided in the normal course of the local governmental entity's permitting process.

(3)  Nothing in this exemption expands the information or documentation that a local governmental entity may properly request under applicable law pursuant to the imposition of fees for occupying the rights-of-way or the local communication services tax or the regulation of its public rights-of-way.

(4)  Any information in the possession of a local government entity which consists of maps, plans, schematics, diagrams, or other engineering data relating to the exact location and capacity of facilities for the provision of communications services by the local government entity shall be exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such information shall remain exempt only for a period of 60 days after completion of the construction of the communications services facilities.

(5)  This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed on October 1, 2005, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 2000-322.