Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 680
                        Barcode 022738
                            CHAMBER ACTION
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11  The Committee on Communications and Public Utilities (Dockery)
12  recommended the following amendment:
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14         Senate Amendment 
15         Delete everything after the enacting clause
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17  and insert:  
18         Section 1.  Section 202.195, Florida Statutes, is
19  amended to read:
20         202.195  Proprietary confidential business information;
21  public records exemption.--
22         (1)  Any proprietary confidential business information
23  obtained from a telecommunications company or franchised cable
24  company by a local governmental entity relating to imposing
25  fees for occupying the public rights-of-way or assessing the
26  local communications services tax pursuant to s. 202.19 or
27  otherwise relating to regulating the public rights-of-way is
28  confidential and exempt from the provisions of s. 119.07(1)
29  and s. 24(a), Art. I of the State Constitution, may be used
30  only for the purposes of imposing such fees or assessing such
31  tax or regulating such rights-of-way, and may not be used for
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    8:12 AM   02/07/05                             s0680b-cu15-j01

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 680 Barcode 022738 1 any other purposes, including, but not limited to, commercial 2 or competitive purposes. 3 (2) For the purposes of this exemption, the term 4 "proprietary confidential business information" includes any 5 proprietary or otherwise confidential information or 6 documentation, including maps, plans, billing and payment 7 records, trade secrets, or other information relating to the 8 provision of or facilities for communications service which 9 that is intended to be and is treated by the company as 10 confidential in that the disclosure of the information may 11 cause harm to the company's business interests, operations, or 12 security and the information is not otherwise publicly 13 available to the same extent and in the same format as held 14 requested by the local governmental entity. Proprietary 15 confidential business information does not include schematics 16 indicating the location of facilities for a specific site 17 which that are provided in the normal course of the local 18 governmental entity's permitting process. 19 (3) Nothing in this exemption expands the information 20 or documentation that a local governmental entity may properly 21 request under applicable law pursuant to the imposition of 22 fees for occupying the rights-of-way or the local 23 communication services tax or the regulation of its public 24 rights-of-way. 25 (4) Any information in the possession of a local 26 government entity which consists of maps, plans, schematics, 27 diagrams, or other engineering data relating to the exact 28 location and capacity of facilities for the provision of 29 communications services by the local government entity shall 30 be exempt from the provisions of s. 119.07(1) and s. 24(a), 31 Art. I of the State Constitution. Such information shall 2 8:12 AM 02/07/05 s0680b-cu15-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 680 Barcode 022738 1 remain exempt only for a period of 60 days after completion of 2 the construction of the communications services facilities. 3 (5) This section is subject to the Open Government 4 Sunset Review Act of 1995 in accordance with s. 119.15 and 5 shall stand repealed on October 1, 2005, unless reviewed and 6 saved from repeal through reenactment by the Legislature. 7 Section 2. This act shall take effect September 30, 8 2005. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 8:12 AM 02/07/05 s0680b-cu15-j01