1 | A bill to be entitled |
2 | An act relating to public records; amending s. 364.183, |
3 | F.S.; providing the Office of Regulatory Staff within the |
4 | Financial Services Commission access to specified records |
5 | of telecommunications companies and their affiliates; |
6 | limiting the authority of the Public Service Commission to |
7 | access records; providing that records received by the |
8 | office which are claimed by the telecommunications company |
9 | or other person providing the records as proprietary |
10 | confidential business information are, upon request, |
11 | confidential and exempt from public records requirements; |
12 | providing for future legislative review and repeal of the |
13 | exemption under the Open Government Sunset Review Act; |
14 | amending s. 366.093, F.S.; providing the Office of |
15 | Regulatory Staff access to specified records of public |
16 | utilities and their affiliates; limiting the authority of |
17 | the Public Service Commission to access records; providing |
18 | that records received by the office which are shown by the |
19 | public utility or other person providing the records and |
20 | found by the commission to be proprietary confidential |
21 | business information are, upon request, confidential and |
22 | exempt from public records requirements; providing for |
23 | future legislative review and repeal of the exemption |
24 | under the Open Government Sunset Review Act; amending s. |
25 | 367.156, F.S.; providing the Office of Regulatory Staff |
26 | access to specified records of utilities and their |
27 | affiliates; limiting the authority of the Public Service |
28 | Commission to access records; providing that records |
29 | received by the office which are shown by the utility or |
30 | other person providing the records and found by the |
31 | commission to be proprietary confidential business |
32 | information are, upon request, confidential and exempt |
33 | from public records requirements; providing for future |
34 | legislative review and repeal of the exemption under the |
35 | Open Government Sunset Review Act; amending s. 368.108, |
36 | F.S.; providing the Office of Regulatory Staff access to |
37 | specified records of natural gas transmission companies |
38 | and their affiliates; limiting the authority of the Public |
39 | Service Commission to access records; providing that |
40 | records received by the office which are shown by the |
41 | natural gas transmission company or other person providing |
42 | the records and found by the commission to be proprietary |
43 | confidential business information are, upon request, |
44 | confidential and exempt from public records requirements; |
45 | providing for future legislative review and repeal of the |
46 | exemption under the Open Government Sunset Review Act; |
47 | providing a finding of public necessity; providing a |
48 | contingent effective date. |
49 |
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50 | Be It Enacted by the Legislature of the State of Florida: |
51 |
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52 | Section 1. Subsection (1) of section 364.183, Florida |
53 | Statutes, is amended to read: |
54 | 364.183 Access to company records.- |
55 | (1)(a) The commission and the office shall have access to |
56 | all records of a telecommunications company that are reasonably |
57 | necessary for the disposition of matters within the commission's |
58 | jurisdiction. The commission and the office shall also have |
59 | access to those records of a local exchange telecommunications |
60 | company's affiliated companies, including its parent company, |
61 | that are reasonably necessary for the disposition of any matter |
62 | concerning an affiliated transaction or a claim of |
63 | anticompetitive behavior including claims of cross-subsidization |
64 | and predatory pricing. Both the commission and the office may |
65 | require a telecommunications company to file records, reports, |
66 | or other data directly related to matters within the |
67 | commission's jurisdiction in the form specified in the request |
68 | by the commission and may require such company to retain such |
69 | information for a designated period of time. The authority of |
70 | the commission to access records under this section is granted |
71 | subject to the limitations set forth in s. 350.011(3) and (4). |
72 | (b) Upon request of the company or other person, any |
73 | records received by the commission which are claimed by the |
74 | company or other person to be proprietary confidential business |
75 | information shall be kept confidential and shall be exempt from |
76 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
77 | (c) Upon request of a company or other person providing |
78 | records to the office pursuant to paragraph (a), any such |
79 | records received by the office which are claimed by the company |
80 | or other person providing the records to be proprietary |
81 | confidential business information shall be kept confidential and |
82 | shall be exempt from s. 119.07(1) and s. 24(a), Art. I of the |
83 | State Constitution. This paragraph is subject to the Open |
84 | Government Sunset Review Act in accordance with s. 119.15 and |
85 | shall stand repealed on October 2, 2015, unless reviewed and |
86 | saved from repeal through reenactment by the Legislature. |
87 | Section 2. Subsection (1) of section 366.093, Florida |
88 | Statutes, is amended to read: |
89 | 366.093 Public utility records; confidentiality.- |
90 | (1)(a) The commission and the office shall continue to |
91 | have reasonable access to all public utility records and records |
92 | of the utility's affiliated companies, including its parent |
93 | company, regarding transactions or cost allocations among the |
94 | utility and such affiliated companies, and such records |
95 | necessary to ensure that a utility's ratepayers do not subsidize |
96 | nonutility activities. The authority of the commission to access |
97 | records under this section is granted subject to the limitations |
98 | set forth in s. 350.011(3) and (4). |
99 | (b) Upon request of the public utility or other person, |
100 | any records received by the commission which are shown and found |
101 | by the commission to be proprietary confidential business |
102 | information shall be kept confidential and shall be exempt from |
103 | s. 119.07(1). |
104 | (c) Upon request of a public utility or other person |
105 | providing records to the office pursuant to paragraph (a), any |
106 | such records received by the office which are shown by the |
107 | public utility or other person providing the records and found |
108 | by the commission to be proprietary confidential business |
109 | information shall be confidential and exempt from s. 119.07(1) |
110 | and s. 24(a), Art. I of the State Constitution. This paragraph |
111 | is subject to the Open Government Sunset Review Act in |
112 | accordance with s. 119.15 and shall stand repealed on October 2, |
113 | 2015, unless reviewed and saved from repeal through reenactment |
114 | by the Legislature. |
115 | Section 3. Subsection (1) of section 367.156, Florida |
116 | Statutes, is amended to read: |
117 | 367.156 Public utility records; confidentiality.- |
118 | (1)(a) The commission and the office shall continue to |
119 | have reasonable access to all utility records and records of |
120 | affiliated companies, including its parent company, regarding |
121 | transactions or cost allocations among the utility and such |
122 | affiliated companies, and such records necessary to ensure that |
123 | a utility's ratepayers do not subsidize nonutility activities. |
124 | The authority of the commission to access records under this |
125 | section is granted subject to the limitations set forth in s. |
126 | 350.011(3) and (4). |
127 | (b) Upon request of the utility or any other person, any |
128 | records received by the commission which are shown and found by |
129 | the commission to be proprietary confidential business |
130 | information shall be kept confidential and shall be exempt from |
131 | s. 119.07(1). |
132 | (c) Upon request of a utility or other person providing |
133 | records to the office pursuant to paragraph (a), any such |
134 | records received by the office which are shown by the utility or |
135 | other person providing the records and found by the commission |
136 | to be proprietary confidential business information shall be |
137 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
138 | of the State Constitution. This paragraph is subject to the Open |
139 | Government Sunset Review Act in accordance with s. 119.15 and |
140 | shall stand repealed on October 2, 2015, unless reviewed and |
141 | saved from repeal through reenactment by the Legislature. |
142 | Section 4. Subsection (1) of section 368.108, Florida |
143 | Statutes, is amended to read: |
144 | 368.108 Confidentiality; discovery.- |
145 | (1)(a) The commission and the office shall continue to |
146 | have reasonable access to all natural gas transmission company |
147 | records and records of the natural gas transmission company's |
148 | affiliated companies, including its parent company, regarding |
149 | transactions or cost allocations among the natural gas |
150 | transmission company and such affiliated companies, and such |
151 | records necessary to ensure that a natural gas transmission |
152 | company's ratepayers do not subsidize unregulated activities. |
153 | The authority of the commission to access records under this |
154 | section is granted subject to the limitations set forth in s. |
155 | 350.011(3) and (4). |
156 | (b) Upon request of the natural gas transmission company |
157 | or other person, any records received by the commission which |
158 | are shown and found by the commission to be proprietary |
159 | confidential business information shall be confidential and |
160 | exempt from s. 119.07(1). |
161 | (c) Upon request of the natural gas transmission company |
162 | or other person providing records to the office pursuant to |
163 | paragraph (a), any such records received by the office which are |
164 | shown by the natural gas transmission company or other person |
165 | providing the records and found by the commission to be |
166 | proprietary confidential business information shall be |
167 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
168 | of the State Constitution. This paragraph is subject to the Open |
169 | Government Sunset Review Act in accordance with s. 119.15 and |
170 | shall stand repealed on October 2, 2015, unless reviewed and |
171 | saved from repeal through reenactment by the Legislature. |
172 | Section 5. The Legislature finds that it is a public |
173 | necessity that proprietary confidential business information of |
174 | telecommunications companies, public utilities, natural gas |
175 | transmission companies, affiliated entities of such companies |
176 | and utilities, and other persons that is provided to the Office |
177 | of Regulatory Staff of the Financial Services Commission be made |
178 | confidential and exempt from s. 119.07(1), Florida Statutes, and |
179 | s. 24(a), Art. I of the State Constitution. To effectively carry |
180 | out its duties to represent the public interest in proceedings |
181 | before the Public Service Commission, it is necessary for the |
182 | Office of Regulatory Staff of the Financial Services Commission |
183 | to request and obtain records from entities subject to the |
184 | regulatory jurisdiction of the commission and from related |
185 | business entities. These records may be obtained for multiple |
186 | purposes including, but not limited to, financial, operations, |
187 | and management audits; compliance investigations; earnings |
188 | surveillance; assistance in processing changes in rates; and |
189 | review for subsidies between related entities. Many of these |
190 | records contain proprietary confidential business information, |
191 | which, if disclosed to the public, could harm the competitive |
192 | interests of the regulated entity and its affiliates and the |
193 | competitive interests of private entities with which a regulated |
194 | entity does business. In addition, disclosure of proprietary |
195 | confidential business information could impair the efforts of |
196 | the regulated entity or its affiliates to contract for goods or |
197 | services on favorable terms, in turn increasing costs to utility |
198 | ratepayers, or could compromise security measures, systems, and |
199 | procedures related to the provision of the essential services |
200 | provided by these regulated entities. Consequently, the |
201 | Legislature finds that it is a public necessity to make |
202 | confidential and exempt from public records requirements |
203 | proprietary confidential business information of |
204 | telecommunications companies, public utilities, natural gas |
205 | transmission companies, affiliated entities of such companies |
206 | and utilities, and other persons provided to the Office of |
207 | Regulatory Staff of the Financial Services Commission in order |
208 | to ensure the effective and efficient administration of the |
209 | duties and responsibilities of the office. |
210 | Section 6. This act shall take effect October 1, 2010, if |
211 | HB 7209 or similar legislation establishing an Office of |
212 | Regulatory Staff separate from the Public Service Commission for |
213 | purposes of representing the public interest on matters within |
214 | the jurisdiction of the Public Service Commission is adopted in |
215 | the same legislative session or an extension thereof and becomes |
216 | law. |