Florida Senate - 2018                             CS for SB 7008
       
       
        
       By the Committees on Rules; and Communications, Energy, and
       Public Utilities
       
       
       
       
       595-03951-18                                          20187008c1
    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., which
    4         provides an exemption from public records requirements
    5         for proprietary confidential business information held
    6         by a local government electric utility; conforming a
    7         cross-reference; redefining the term “proprietary
    8         confidential business information” to narrow the
    9         exemption; defining the term “trade secrets”; removing
   10         the scheduled repeal of the exemption; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (4) of section 119.0713, Florida
   16  Statutes, is amended to read:
   17         119.0713 Local government agency exemptions from inspection
   18  or copying of public records.—
   19         (4)(a) Proprietary confidential business information means
   20  information, regardless of form or characteristics, which is
   21  held by an electric utility that is subject to this chapter 119,
   22  is intended to be and is treated by the entity that provided the
   23  information to the electric utility as private in that the
   24  disclosure of the information would cause harm to the entity
   25  providing the information or its business operations, and has
   26  not been disclosed unless disclosed pursuant to a statutory
   27  provision, an order of a court or administrative body, or a
   28  private agreement that provides that the information will not be
   29  released to the public. Proprietary confidential business
   30  information includes, but is not limited to:
   31         1. Trade secrets, as defined in s. 688.002.
   32         2. Internal auditing controls and reports of internal
   33  auditors.
   34         3. Security measures, systems, or procedures.
   35         4. Information concerning bids or other contractual data,
   36  the disclosure of which would impair the efforts of the electric
   37  utility to contract for goods or services on favorable terms.
   38         5. Information relating to competitive interests, the
   39  disclosure of which would impair the competitive business of the
   40  provider of the information.
   41         (b) Proprietary confidential business information held by
   42  an electric utility that is subject to this chapter 119 in
   43  conjunction with a due diligence review of an electric project
   44  as defined in s. 163.01(3)(d) or a project to improve the
   45  delivery, cost, or diversification of fuel or renewable energy
   46  resources is confidential and exempt from s. 119.07(1) and s.
   47  24(a), Art. I of the State Constitution.
   48         (c) All proprietary confidential business information
   49  described in paragraph (b) shall be retained for 1 year after
   50  the due diligence review has been completed and the electric
   51  utility has decided whether or not to participate in the
   52  project.
   53         (d) This subsection is subject to the Open Government
   54  Sunset Review Act in accordance with s. 119.15, and shall stand
   55  repealed on October 2, 2018, unless reviewed and saved from
   56  repeal through reenactment by the Legislature.
   57         Section 2. This act shall take effect October 1, 2018.