HB 1923

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 202.195, F.S.; revising a
4	public records exemption for proprietary confidential
5	business information obtained from a telecommunications
6	company or franchised cable company for specified purposes
7	under the Communications Services Tax Simplification Law;
8	removing the October 2, 2005, repeal thereof scheduled
9	under the Open Government Sunset Review Act; removing
10	superfluous language; making editorial changes; providing
11	an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 202.195, Florida Statutes, is amended to
16	read:
17	202.195  Proprietary confidential business information;
18	public records exemption.--
19	(1)  Any Proprietary confidential business information
20	obtained from a telecommunications company or franchised cable
21	company for the purposes of by a local governmental entity
22	relating to imposing fees for occupying the public rights-of-way,
23	or assessing the local communications services tax pursuant to s.
24	202.19, or otherwise relating to regulating the public rights-of-
25	way, held by a local governmental entity, is confidential and
26	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
27	of the State Constitution. Such proprietary confidential business
28	information held by a local governmental entity, may be used only
29	for the purposes of imposing such fees, or assessing such tax, or
30	regulating such rights-of-way, and may not be used for any other
31	purposes, including, but not limited to, commercial or
32	competitive purposes.
33	(2)  For the purposes of this exemption, "proprietary
34	confidential business information" includes any proprietary or
35	otherwise confidential information or documentation, including
36	maps, plans, billing and payment records, trade secrets, or other
37	information relating to the provision of or facilities for
38	communications service:
39	(a)  That is intended to be and is treated by the company as
40	confidential;
41	(b)  The disclosure of which would be reasonably likely to
42	be used by a competitor to harm the business interests of the
43	company; and
44	(c)  That is not otherwise readily ascertainable or publicly
45	available by proper means by other persons from another source to
46	the same extent and in the same configuration format as requested
47	by the local governmental entity.
48
49	Proprietary confidential business information does not include
50	schematics indicating the location of facilities for a specific
51	site that are provided in the normal course of the local
52	governmental entity's permitting process.
53	(3)  Nothing in this exemption expands the information or
54	documentation that a local governmental entity may properly
55	request under applicable law pursuant to the imposition of fees
56	for occupying the rights-of-way, or the local communication
57	services tax, or the regulation of its public rights-of-way.
58	(4)  Any information in the possession of a local government
59	entity which consists of Maps, plans, schematics, diagrams, or
60	other engineering data held by a local governmental entity that
61	relate relating to the exact location and capacity of facilities
62	for the provision of communications services by such the local
63	government entity are shall be exempt from the provisions of s.
64	119.07(1) and s. 24(a), Art. I of the State Constitution. Such
65	information is shall remain exempt only for a period of 60 days
66	after completion of the construction of the communications
67	services facilities.
68	(5)  This section is subject to the Open Government Sunset
69	Review Act of 1995 in accordance with s. 119.15 and shall stand
70	repealed on October 1, 2005, unless reviewed and saved from
71	repeal through reenactment by the Legislature.
72	Section 2.  This act shall take effect September 30, 2005.

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