Bill Text: FL S7008 | 2018 | Regular Session | Comm Sub
Bill Title: OGSR/Local Government Electric Utility
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-07 - Laid on Table, refer to HB 7095 [S7008 Detail]
Download: Florida-2018-S7008-Comm_Sub.html
Florida Senate - 2018 CS for SB 7008 By the Committees on Rules; and Communications, Energy, and Public Utilities 595-03951-18 20187008c1 1 A bill to be entitled 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending s. 119.0713, F.S., which 4 provides an exemption from public records requirements 5 for proprietary confidential business information held 6 by a local government electric utility; conforming a 7 cross-reference; redefining the term “proprietary 8 confidential business information” to narrow the 9 exemption; defining the term “trade secrets”; removing 10 the scheduled repeal of the exemption; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (4) of section 119.0713, Florida 16 Statutes, is amended to read: 17 119.0713 Local government agency exemptions from inspection 18 or copying of public records.— 19 (4)(a) Proprietary confidential business information means 20 information, regardless of form or characteristics, which is 21 held by an electric utility that is subject to this chapter119, 22 is intended to be and is treated by the entity that provided the 23 information to the electric utility as private in that the 24 disclosure of the information would cause harm to the entity 25 providing the information or its business operations, and has 26 not been disclosed unless disclosed pursuant to a statutory 27 provision, an order of a court or administrative body, or a 28 private agreement that provides that the information will not be 29 released to the public. Proprietary confidential business 30 information includes, but is not limited to: 31 1. Trade secrets, as defined in s. 688.002. 32 2. Internal auditing controls and reports of internal 33 auditors. 34 3. Security measures, systems, or procedures. 35 4. Information concerning bids or other contractual data, 36 the disclosure of which would impair the efforts of the electric 37 utility to contract for goods or services on favorable terms. 38 5. Information relating to competitive interests, the 39 disclosure of which would impair the competitive business of the 40 provider of the information. 41 (b) Proprietary confidential business information held by 42 an electric utility that is subject to this chapter119in 43 conjunction with a due diligence review of an electric project 44 as defined in s. 163.01(3)(d) or a project to improve the 45 delivery, cost, or diversification of fuel or renewable energy 46 resources is confidential and exempt from s. 119.07(1) and s. 47 24(a), Art. I of the State Constitution. 48 (c) All proprietary confidential business information 49 described in paragraph (b) shall be retained for 1 year after 50 the due diligence review has been completed and the electric 51 utility has decided whether or not to participate in the 52 project. 53(d)This subsection is subject to the Open Government54Sunset Review Act in accordance with s. 119.15, and shall stand55repealed on October 2, 2018, unless reviewed and saved from56repeal through reenactment by the Legislature.57 Section 2. This act shall take effect October 1, 2018.