Florida Senate - 2018                                     SB 988
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00938-18                                             2018988__
    1                        A bill to be entitled                      
    2         An act relating to public records; providing an
    3         exemption from public records requirements for
    4         information obtained by persons or agencies from the
    5         First Responder Network Authority and information
    6         relating to the Nationwide Public Safety Broadband
    7         Network obtained by persons or agencies from entities
    8         operating pursuant to a contract with the First
    9         Responder Network Authority; providing for future
   10         legislative review and repeal of the exemption;
   11         providing a statement of public necessity; providing
   12         an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Information from the First Responder Network
   17  Authority and relating to the Nationwide Public Safety Broadband
   18  Network; public records exemption.—
   19         (1) Any information obtained by any person or agency from
   20  the First Responder Network Authority, or any information
   21  relating to the Nationwide Public Safety Broadband Network
   22  established pursuant to 47 U.S.C. ss. 1401 et seq. obtained by
   23  any person or agency from any entity operating pursuant to a
   24  contract with the First Responder Network Authority, is
   25  confidential and exempt from s. 119.07(1), Florida Statutes, and
   26  s. 24(a), Article I of the State Constitution.
   27         (2) For purposes of subsection (1), any information
   28  relating to the Nationwide Public Safety Broadband Network
   29  includes any information regarding the design, development,
   30  construction, deployment, and operation of network facilities;
   31  network coverage, including geographical maps indicating actual
   32  or proposed locations of network infrastructure or facilities;
   33  the features, functions, and capabilities of network
   34  infrastructure and facilities; the features, functions, and
   35  capabilities of network services provided to first responders,
   36  as that term is defined in s. 112.1815, Florida Statutes, and
   37  other network users; the design, features, functions, and
   38  capabilities of network devices provided to first responders and
   39  other network users; and security, including cybersecurity, of
   40  the design, construction, and operation of the network and
   41  associated services and products.
   42         (3) This section is subject to the Open Government Sunset
   43  Review Act in accordance with s. 119.15, Florida Statutes, and
   44  shall stand repealed on October 2, 2023, unless reviewed and
   45  saved from repeal through reenactment by the Legislature.
   46         Section 2. The Legislature finds that it is a public
   47  necessity that any information obtained by any person or agency
   48  from the First Responder Network Authority, or any information
   49  relating to the Nationwide Public Safety Broadband Network
   50  established pursuant to 47 U.S.C. ss. 1401 et seq. obtained by
   51  any person or agency from any entity operating pursuant to a
   52  contract with the First Responder Network Authority, be held
   53  confidential and exempt from public records requirements. Such
   54  information contains proprietary business information of
   55  communications services providers. Disclosure of such
   56  information would adversely affect the business interests and
   57  compromise the network security of such providers and of their
   58  networks. Further, disclosure of such information would impair
   59  competition in the communications services industry because
   60  competitors could use such information to impede full and fair
   61  competition in the communications services industry to the
   62  disadvantage of their consumers. Therefore, the Legislature
   63  finds that any information obtained by any person or agency from
   64  the First Responder Network Authority, or any information
   65  relating to the Nationwide Public Safety Broadband Network
   66  established pursuant to 47 U.S.C. ss. 1401 et seq. obtained by
   67  any person or agency from any entity operating pursuant to a
   68  contract with the First Responder Network Authority, must be
   69  held confidential and exempt from disclosure under s. 119.07(1),
   70  Florida Statutes, and s. 24(a), Article I of the State
   71  Constitution.
   72         Section 3. This act shall take effect July 1, 2018.