HB 7211

1
A bill to be entitled
2An act relating to public records; amending s. 364.183,
3F.S.; providing the Office of Regulatory Staff within the
4Financial Services Commission access to specified records
5of telecommunications companies and their affiliates;
6limiting the authority of the Public Service Commission to
7access records; providing that records received by the
8office which are claimed by the telecommunications company
9or other person providing the records as proprietary
10confidential business information are, upon request,
11confidential and exempt from public records requirements;
12providing for future legislative review and repeal of the
13exemption under the Open Government Sunset Review Act;
14amending s. 366.093, F.S.; providing the Office of
15Regulatory Staff access to specified records of public
16utilities and their affiliates; limiting the authority of
17the Public Service Commission to access records; providing
18that records received by the office which are shown by the
19public utility or other person providing the records and
20found by the commission to be proprietary confidential
21business information are, upon request, confidential and
22exempt from public records requirements; providing for
23future legislative review and repeal of the exemption
24under the Open Government Sunset Review Act; amending s.
25367.156, F.S.; providing the Office of Regulatory Staff
26access to specified records of utilities and their
27affiliates; limiting the authority of the Public Service
28Commission to access records; providing that records
29received by the office which are shown by the utility or
30other person providing the records and found by the
31commission to be proprietary confidential business
32information are, upon request, confidential and exempt
33from public records requirements; providing for future
34legislative review and repeal of the exemption under the
35Open Government Sunset Review Act; amending s. 368.108,
36F.S.; providing the Office of Regulatory Staff access to
37specified records of natural gas transmission companies
38and their affiliates; limiting the authority of the Public
39Service Commission to access records; providing that
40records received by the office which are shown by the
41natural gas transmission company or other person providing
42the records and found by the commission to be proprietary
43confidential business information are, upon request,
44confidential and exempt from public records requirements;
45providing for future legislative review and repeal of the
46exemption under the Open Government Sunset Review Act;
47providing a finding of public necessity; providing a
48contingent effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Subsection (1) of section 364.183, Florida
53Statutes, is amended to read:
54     364.183  Access to company records.-
55     (1)(a)  The commission and the office shall have access to
56all records of a telecommunications company that are reasonably
57necessary for the disposition of matters within the commission's
58jurisdiction. The commission and the office shall also have
59access to those records of a local exchange telecommunications
60company's affiliated companies, including its parent company,
61that are reasonably necessary for the disposition of any matter
62concerning an affiliated transaction or a claim of
63anticompetitive behavior including claims of cross-subsidization
64and predatory pricing. Both the commission and the office may
65require a telecommunications company to file records, reports,
66or other data directly related to matters within the
67commission's jurisdiction in the form specified in the request
68by the commission and may require such company to retain such
69information for a designated period of time. The authority of
70the commission to access records under this section is granted
71subject to the limitations set forth in s. 350.011(3) and (4).
72     (b)  Upon request of the company or other person, any
73records received by the commission which are claimed by the
74company or other person to be proprietary confidential business
75information shall be kept confidential and shall be exempt from
76s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
77     (c)  Upon request of a company or other person providing
78records to the office pursuant to paragraph (a), any such
79records received by the office which are claimed by the company
80or other person providing the records to be proprietary
81confidential business information shall be kept confidential and
82shall be exempt from s. 119.07(1) and s. 24(a), Art. I of the
83State Constitution. This paragraph is subject to the Open
84Government Sunset Review Act in accordance with s. 119.15 and
85shall stand repealed on October 2, 2015, unless reviewed and
86saved from repeal through reenactment by the Legislature.
87     Section 2.  Subsection (1) of section 366.093, Florida
88Statutes, is amended to read:
89     366.093  Public utility records; confidentiality.-
90     (1)(a)  The commission and the office shall continue to
91have reasonable access to all public utility records and records
92of the utility's affiliated companies, including its parent
93company, regarding transactions or cost allocations among the
94utility and such affiliated companies, and such records
95necessary to ensure that a utility's ratepayers do not subsidize
96nonutility activities. The authority of the commission to access
97records under this section is granted subject to the limitations
98set forth in s. 350.011(3) and (4).
99     (b)  Upon request of the public utility or other person,
100any records received by the commission which are shown and found
101by the commission to be proprietary confidential business
102information shall be kept confidential and shall be exempt from
103s. 119.07(1).
104     (c)  Upon request of a public utility or other person
105providing records to the office pursuant to paragraph (a), any
106such records received by the office which are shown by the
107public utility or other person providing the records and found
108by the commission to be proprietary confidential business
109information shall be confidential and exempt from s. 119.07(1)
110and s. 24(a), Art. I of the State Constitution. This paragraph
111is subject to the Open Government Sunset Review Act in
112accordance with s. 119.15 and shall stand repealed on October 2,
1132015, unless reviewed and saved from repeal through reenactment
114by the Legislature.
115     Section 3.  Subsection (1) of section 367.156, Florida
116Statutes, is amended to read:
117     367.156  Public utility records; confidentiality.-
118     (1)(a)  The commission and the office shall continue to
119have reasonable access to all utility records and records of
120affiliated companies, including its parent company, regarding
121transactions or cost allocations among the utility and such
122affiliated companies, and such records necessary to ensure that
123a utility's ratepayers do not subsidize nonutility activities.
124The authority of the commission to access records under this
125section is granted subject to the limitations set forth in s.
126350.011(3) and (4).
127     (b)  Upon request of the utility or any other person, any
128records received by the commission which are shown and found by
129the commission to be proprietary confidential business
130information shall be kept confidential and shall be exempt from
131s. 119.07(1).
132     (c)  Upon request of a utility or other person providing
133records to the office pursuant to paragraph (a), any such
134records received by the office which are shown by the utility or
135other person providing the records and found by the commission
136to be proprietary confidential business information shall be
137confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
138of the State Constitution. This paragraph is subject to the Open
139Government Sunset Review Act in accordance with s. 119.15 and
140shall stand repealed on October 2, 2015, unless reviewed and
141saved from repeal through reenactment by the Legislature.
142     Section 4.  Subsection (1) of section 368.108, Florida
143Statutes, is amended to read:
144     368.108  Confidentiality; discovery.-
145     (1)(a)  The commission and the office shall continue to
146have reasonable access to all natural gas transmission company
147records and records of the natural gas transmission company's
148affiliated companies, including its parent company, regarding
149transactions or cost allocations among the natural gas
150transmission company and such affiliated companies, and such
151records necessary to ensure that a natural gas transmission
152company's ratepayers do not subsidize unregulated activities.
153The authority of the commission to access records under this
154section is granted subject to the limitations set forth in s.
155350.011(3) and (4).
156     (b)  Upon request of the natural gas transmission company
157or other person, any records received by the commission which
158are shown and found by the commission to be proprietary
159confidential business information shall be confidential and
160exempt from s. 119.07(1).
161     (c)  Upon request of the natural gas transmission company
162or other person providing records to the office pursuant to
163paragraph (a), any such records received by the office which are
164shown by the natural gas transmission company or other person
165providing the records and found by the commission to be
166proprietary confidential business information shall be
167confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
168of the State Constitution. This paragraph is subject to the Open
169Government Sunset Review Act in accordance with s. 119.15 and
170shall stand repealed on October 2, 2015, unless reviewed and
171saved from repeal through reenactment by the Legislature.
172     Section 5.  The Legislature finds that it is a public
173necessity that proprietary confidential business information of
174telecommunications companies, public utilities, natural gas
175transmission companies, affiliated entities of such companies
176and utilities, and other persons that is provided to the Office
177of Regulatory Staff of the Financial Services Commission be made
178confidential and exempt from s. 119.07(1), Florida Statutes, and
179s. 24(a), Art. I of the State Constitution. To effectively carry
180out its duties to represent the public interest in proceedings
181before the Public Service Commission, it is necessary for the
182Office of Regulatory Staff of the Financial Services Commission
183to request and obtain records from entities subject to the
184regulatory jurisdiction of the commission and from related
185business entities. These records may be obtained for multiple
186purposes including, but not limited to, financial, operations,
187and management audits; compliance investigations; earnings
188surveillance; assistance in processing changes in rates; and
189review for subsidies between related entities. Many of these
190records contain proprietary confidential business information,
191which, if disclosed to the public, could harm the competitive
192interests of the regulated entity and its affiliates and the
193competitive interests of private entities with which a regulated
194entity does business. In addition, disclosure of proprietary
195confidential business information could impair the efforts of
196the regulated entity or its affiliates to contract for goods or
197services on favorable terms, in turn increasing costs to utility
198ratepayers, or could compromise security measures, systems, and
199procedures related to the provision of the essential services
200provided by these regulated entities. Consequently, the
201Legislature finds that it is a public necessity to make
202confidential and exempt from public records requirements
203proprietary confidential business information of
204telecommunications companies, public utilities, natural gas
205transmission companies, affiliated entities of such companies
206and utilities, and other persons provided to the Office of
207Regulatory Staff of the Financial Services Commission in order
208to ensure the effective and efficient administration of the
209duties and responsibilities of the office.
210     Section 6.  This act shall take effect October 1, 2010, if
211HB 7209 or similar legislation establishing an Office of
212Regulatory Staff separate from the Public Service Commission for
213purposes of representing the public interest on matters within
214the jurisdiction of the Public Service Commission is adopted in
215the same legislative session or an extension thereof and becomes
216law.


CODING: Words stricken are deletions; words underlined are additions.