Florida Senate - 2009 CS for CS for SB 2126 By the Committees on Governmental Oversight and Accountability; and Communications, Energy, and Public Utilities; and Senator King 585-05356-09 20092126c2 1 A bill to be entitled 2 An act relating to public records; providing an 3 exemption from public-records requirements for 4 specified proprietary confidential business 5 information obtained from a communications company or 6 broadband company by the Department of Management 7 Services; providing for future review and repeal of 8 the exemption; providing a statement of public 9 necessity; providing a contingent effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Communications and broadband company proprietary 14 confidential business information; public-records exemption.— 15 (1) Any proprietary confidential business information 16 obtained from a communications company or broadband company by 17 the Department of Management Services, or any person or agency 18 authorized by the department, is confidential and exempt from s. 19 119.07(1), Florida Statutes, and s. 24(a), Art. I of the State 20 Constitution. 21 (2) For the purposes of the exemption provided in 22 subsection (1), the term “proprietary confidential business 23 information” includes any proprietary or otherwise confidential 24 information or documentation, including plans, billing and 25 payment records, trade secrets, or other information, and must 26 be specifically marked and identified as such at the time 27 initially provided to the department, which is intended to be 28 and is treated by the communications or broadband company as 29 confidential and is not otherwise publicly available to the same 30 extent and in the same format as requested by the department. 31 Proprietary confidential business information does not include 32 aggregate information related to the geographic scope of the 33 availability of broadband services or the speed of services that 34 are available in the state so long as the information does not 35 directly or indirectly identify a provider of broadband 36 services. 37 (3) This section is subject to the Open Government Sunset 38 Review Act in accordance with s. 119.15, Florida Statutes, and 39 shall stand repealed on October 2, 2014, unless reviewed and 40 saved from repeal through reenactment by the Legislature. 41 Section 2. The Legislature finds that it is a public 42 necessity that proprietary confidential business information 43 obtained from a communications company or broadband company by 44 the Department of Management Services, or any person or agency 45 authorized by the department, be held confidential and exempt 46 from public-records requirements. Disclosure of proprietary 47 confidential business information would adversely affect the 48 business interests of communications and broadband companies 49 providing such information by harming them in the marketplace 50 and compromising the security of the communications network. 51 Further, disclosure of such proprietary confidential business 52 information would impair competition in the communications 53 industry. Competitors can use such information to impede full 54 and fair competition in the communications marketplace to the 55 disadvantage of the consumers of communications services. Thus, 56 it is the finding of the Legislature that proprietary 57 confidential business information obtained from a communications 58 company or broadband company by the Department of Management 59 Services, or any person or agency authorized by the department, 60 must be held confidential and exempt from disclosure under s. 61 119.07(1), Florida Statutes, and s. 24(a), Art. I of the State 62 Constitution. 63 Section 3. This act shall take effect on the same date that 64 CS for SB 2092 or similar legislation takes effect, if such 65 legislation is adopted in the same legislative session or an 66 extension thereof and becomes law.