HB 7093

1
A bill to be entitled
2An act relating to public records; providing an exemption
3from public records requirements for specified proprietary
4business information obtained from a telecommunications
5company or broadband company by the Department of
6Management Services; providing for future review and
7repeal; providing a statement of public necessity;
8providing a contingent effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Telecommunications and broadband company
13proprietary business information; public records exemption.--
14     (1)  Any proprietary business information obtained from a
15telecommunications company or broadband company by the
16Department of Management Services, or any person or agency
17authorized by the department, is confidential and exempt from s.
18119.07(1) and s. 24(a), Art. I of the State Constitution.
19     (2)  For the purposes of the exemption provided in
20subsection (1), "proprietary confidential business information"
21includes any proprietary or otherwise confidential information
22or documentation, including plans, billing and payment records,
23trade secrets, or other information, that is intended to be and
24is treated by the telecommunications or broadband company as
25confidential and is not otherwise publicly available to the same
26extent and in the same format as requested by the department.
27Proprietary confidential business information does not include
28aggregate information related to maps and location of facilities
29and broadband services or the speed of services that are
30available in the state.
31     (3)  Any person who willfully and knowingly violates this
32section commits a felony of the third degree, punishable as
33provided in s. 775.082, s. 775.083, or s. 775.084.
34     (4)  This section is subject to the Open Government Sunset
35Review Act in accordance with s. 119.15 and shall stand repealed
36on October 2, 2014, unless reviewed and saved from repeal
37through reenactment by the Legislature.
38     Section 2.  The Legislature finds that it is a public
39necessity that proprietary business information obtained from a
40telecommunications company or broadband company by the
41Department of Management Services, or any person or agency
42authorized by the department, be held confidential and exempt
43from public records requirements. Disclosure of proprietary
44confidential business information would adversely affect the
45business interests of telecommunications and broadband companies
46providing such information by harming them in the marketplace
47and compromising the security of the communications network.
48Further, disclosure of such proprietary confidential business
49information would impair competition in the communications
50industry. Competitors can use such information to impede full
51and fair competition in the telecommunications marketplace to
52the disadvantage of the consumers of telecommunications
53services. Thus, it is the finding of the Legislature that
54proprietary business information obtained from a
55telecommunications company or broadband company by the
56Department of Management Services, or any person or agency
57authorized by the department, must be held confidential and
58exempt from disclosure under s. 119.07(1), Florida Statutes, and
59s. 24(a), Art. I of the State Constitution.
60     Section 3.  This act shall take effect on the same date
61that HB 7091 or similar legislation takes effect, if such
62legislation is adopted in the same legislative session or an
63extension thereof and becomes law.


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