Senate Bill sb1510

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    Florida Senate - 2007                                  SB 1510

    By Senator Aronberg





    27-1372-07

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         556.113, F.S.; creating an exemption from

  4         public-records requirements for proprietary

  5         confidential business information held by the

  6         Sunshine State One-Call of Florida, Inc.;

  7         defining the term "proprietary confidential

  8         business information"; providing for future

  9         legislative repeal and review under the Open

10         Government Sunset Review Act; providing

11         findings of public necessity; providing an

12         effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Section 556.113, Florida Statutes, is

17  created to read:

18         556.113  Sunshine State One-Call of Florida, Inc.;

19  public-records exemption.--

20         (1)  As used in this section, the term "proprietary

21  confidential business information" means information provided

22  by:

23         (a)  A member operator which is a map, plan, facility

24  location diagram, internal damage investigation report or

25  analysis, dispatch methodology, or trade secret as defined in

26  s. 688.002, or which describes the exact location of a utility

27  underground facility or the protection, repair, or restoration

28  thereof, and:

29         1.  Is intended to be and is treated by the member

30  operator as confidential;

31  

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    Florida Senate - 2007                                  SB 1510
    27-1372-07




 1         2.  The disclosure of which would likely be used by a

 2  competitor to harm the business interests of the member

 3  operator or could be used for the purpose of inflicting damage

 4  on underground facilities; and

 5         3.  Is not otherwise readily ascertainable or publicly

 6  available by proper means by other persons from another source

 7  in the same configuration as provided to Sunshine State

 8  One-Call of Florida, Inc.

 9         (b)  An excavator in an internal damage investigation

10  report or analysis relating to damage to underground utility

11  facilities, and:

12         1.  Is intended to be and is treated by the excavator

13  as confidential;

14         2.  The disclosure of which would be reasonably likely

15  to be used by a competitor to harm the business interests of

16  the excavator or could be used for the purpose of inflicting

17  damage on underground facilities; and

18         3.  Is not otherwise readily ascertainable or publicly

19  available by proper means by other persons from another source

20  in the same configuration as provided to Sunshine State

21  One-Call of Florida, Inc.

22         (2)  Proprietary confidential business information held

23  by Sunshine State One-Call of Florida, Inc., for the purpose

24  of describing the extent and root cause of damage to an

25  underground facility or using the member ticket management

26  software system is exempt from s. 119.07(1) and s. 24(a), Art.

27  I of the State Constitution.

28         (3)  This section is subject to the Open Government

29  Sunset Review Act in accordance with s. 119.15 and shall stand

30  repealed on October 2, 2012, unless reviewed and saved from

31  repeal through reenactment by the Legislature.

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    Florida Senate - 2007                                  SB 1510
    27-1372-07




 1         Section 2.  The Legislature finds that it is a public

 2  necessity that proprietary confidential business information

 3  held by Sunshine State One-Call of Florida, Inc., for the

 4  purpose of describing the extent and root cause of damage to

 5  an underground facility or using the member ticket management

 6  software system be made exempt from public-records

 7  requirements. Sunshine State One-Call of Florida, Inc., can

 8  effectively promote safe excavation practices, permit targeted

 9  educational efforts, prevent future damage to underground

10  facilities, further public safety awareness in order to help

11  prevent personal injury and death to excavators and the public

12  generally, measure compliance related to effective enforcement

13  of one-call laws, and provide the basis for standardized

14  measurement of the effectiveness of underground facility

15  damage-prevention efforts used by Sunshine State One-Call of

16  Florida, Inc., only if Sunshine State One-Call of Florida,

17  Inc., obtains damage information. Without an exemption from

18  public-records requirements, the Legislature finds that the

19  proprietary and confidential nature of the information needed

20  by Sunshine State One-Call of Florida, Inc., will continue to

21  interfere with the release of such damage information to

22  Sunshine State One-Call of Florida, Inc., by both member

23  operators and excavators. Under the ticket management system

24  provided by Sunshine State One-Call of Florida, Inc., to

25  member operators, large member operators can save considerable

26  expense that currently is experienced when the same ticket

27  management system is purchased on an individual basis, and

28  small member operators can obtain access to such a system that

29  was heretofore too expensive to be employed. The ticket

30  management system that is available to all member operators of

31  Sunshine State One-Call of Florida, Inc., at no cost, promotes

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    Florida Senate - 2007                                  SB 1510
    27-1372-07




 1  efficiency and greatly improves safety. The lack of an

 2  exemption from public-records requirements for proprietary

 3  confidential information held by Sunshine State One-Call of

 4  Florida, Inc., would stifle use of the system by both large

 5  and small member operators.

 6         Section 3.  This act shall take effect July 1, 2007.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Creates an exemption from public records requirements for
      proprietary confidential business information belonging
11    to the Sunshine State One-Call of Florida, Inc. Provides
      for future legislative review and findings of public
12    necessity.

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