THE BILL ITSELF
HB 7009
OGSR/Public Service Commission
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A bill to be entitled
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An act relating to a review under the Open Government
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Sunset Review Act; amending s. 350.01, F.S., which
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provides an exemption from public meeting requirements
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for portions of a hearing before the Public Service
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Commission wherein certain proprietary confidential
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business information is discussed; removing the
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scheduled repeal of the exemption; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (9) of section 350.01, Florida
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Statutes, is amended to read:
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350.01 Florida Public Service Commission; terms of
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commissioners; vacancies; election and duties of chair; quorum;
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proceedings; public records and public meetings exemptions.—
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(9) Notwithstanding the provisions of subsection (8),
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those portions of a hearing conducted by the commission wherein
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proprietary confidential business information that is
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confidential or exempt from s. 119.07(1), pursuant to s.
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364.183, s. 366.093, s. 367.156, or s. 368.108, is discussed are
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exempt from s. 286.011 and s. 24(b), Art. I of the State
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Constitution. No exempt portion of a hearing may be off the
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record, and all exempt portions shall be recorded and
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transcribed. Such recordings and transcripts are confidential
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and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution, unless a court of competent jurisdiction, after an
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in camera review, determines that the hearing was not restricted
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to the discussion of proprietary confidential business
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information made confidential and exempt pursuant to s. 364.183,
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s. 366.093, s. 367.156, or s. 368.108. In the event of such a
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judicial determination, only that portion of the recording and
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transcript which reveals nonexempt information may be disclosed
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to a third party. This subsection is subject to the Open
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Government Sunset Review Act in accordance with s. 119.15 and
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shall stand repealed on October 2, 2026, unless reviewed and
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saved from repeal through reenactment by the Legislature.
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Section 2. This act shall take effect upon becoming a law.