| 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. |