PCS for HB 1311 — An Act Relating to Public Records and Public Meetings (2021)
Summary
A proposed committee substitute, PCS for HB 1311, of 2021, a bill to be entitled an act relating to public records and public meetings. It amends section 350.01 to exempt from public meeting requirements those portions of Public Service Commission hearings in which proprietary confidential business information is discussed. The exempt portions must be recorded and transcribed, and the recordings and transcripts are confidential and exempt from public records requirements unless a court of competent jurisdiction, after an in camera review, determines the hearing was not restricted to that discussion. The bill provides for review under the Open Government Sunset Review Act and includes a public necessity statement, and Section 3 states that the act takes effect upon becoming a law.
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“PCS for HB 1311 — An Act Relating to Public Records and Public Meetings (2021).”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1311 2021
1 A bill to be entitled
2 An act relating to public records and public meetings;
3 amending s. 350.01, F.S.; providing an exemption from
4 public meeting requirements for portions of hearings
5 before the Public Service Commission wherein
6 proprietary confidential business information is
7 discussed; requiring recording and transcription of
8 exempt portions of such hearings; providing an
9 exemption from public record requirements for such
10 recordings and transcripts; providing for future
11 legislative review and repeal of the exemptions under
12 the Open Government Sunset Review Act; providing a
13 public necessity statement; providing an effective
14 date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (9) of section 350.01, Florida
19 Statutes, is created to read:
20 350.01 Florida Public Service Commission; terms of
21 commissioners; vacancies; election and duties of chair; quorum;
22 proceedings; public record and public meeting exemption.—
23 (8) Each meeting, including each internal affairs meeting,
24 workshop, hearing, or other proceeding attended by two or more
25 commissioners, and each such meeting, workshop, hearing, or
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PCS for HB 1311 2021
26 other proceeding where a decision that concerns the rights or
27 obligations of any person is made, shall be streamed live on the
28 Internet, and a recorded copy of the meeting, workshop, hearing,
29 or proceeding shall be made available on the commission's
30 website.
31 (9) Notwithstanding the provisions of subsection (8),
32 those portions of a hearing conducted by the commission wherein
33 proprietary confidential business information that is
34 confidential or exempt from s. 119.07(1), pursuant to s.
35 364.183, 366.093, 367.156, or 368.108, is discussed, are exempt
36 from s. 286.011 and s. 24(b), Art. I of the State Constitution.
37 No exempt portion of a hearing may be off the record and all
38 exempt portions shall be recorded and transcribed. Such
39 recordings and transcripts are confidential and exempt from s.
40 119.07(1) and s. 24(a), Art. I of the State Constitution unless
41 a court of competent jurisdiction, after an in camera review,
42 determines that the hearing was not restricted to the discussion
43 of proprietary confidential business information made
44 confidential and exempt pursuant to s. 364.183, 366.093,
45 367.156, or 368.108. In the event of such judicial
46 determination, only that portion of the recording and transcript
47 which reveals nonexempt information may be disclosed to a third
48 party. This subsection is subject to the Open Government Sunset
49 Review Act in accordance with s. 119.15 and shall stand repealed
50 on October 2, 2026, unless reviewed and saved from repeal
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PCS for HB 1311 2021
51 through reenactment by the Legislature.
52 Section 2. The Legislature finds that it is a public
53 necessity that those portions of hearings conducted by the
54 Public Service Commission at which proprietary confidential
55 business information that is confidential or exempt from s.
56 119.07(1), Florida Statutes, pursuant to s. 364.183, 366.093,
57 367.156, or 368.108, Florida Statutes, is discussed, is exempt
58 from s. 286.011, Florida Statutes, and s. 24(b), Article I of
59 the State Constitution. Pursuant to its legislative directive
60 under chapters 364, 366, 367, and 368, Florida Statutes, the
61 commission is the tribunal charged with establishing just, fair,
62 and compensatory utility rates. As such, the commission has the
63 authority to adjudicate all matters within its jurisdiction, and
64 its administrative hearings are conducted in compliance with
65 chapter 120, Florida Statutes. The fact-finding role of the
66 commission is integral in its decision-making, and all
67 commission decisions must be supported by record competent,
68 substantial evidence. Accordingly, under certain circumstances,
69 the commission must be able to evaluate and discuss proprietary
70 confidential business information in order to make a
71 determination in the public interest. In addition, parties must
72 be permitted to conduct cross-examination when testimony is
73 taken or documents are made a part of the record under s.
74 120.569(2)(j), Florida Statutes. For this reason the Legislature
75 finds that the disclosure of proprietary confidential business
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76 information could significantly impair the ability of utilities
77 regulated by the commission to fairly compete within the
78 marketplace by revealing such information. Furthermore, such
79 disclosure could harm the businesses with which such utilities
80 contract by revealing the businesses’ proprietary confidential
81 business information and make it less likely for such businesses
82 to do business with regulated utilities in the future. The
83 Legislature further finds that the disclosure of proprietary
84 confidential business information would cause harm to the
85 company’s ratepayers or business operations. Given such harms,
86 the disclosure of this information could negatively impact
87 customers of regulated utilities and result in higher utility
88 prices or lower quality of service overall. The Legislature
89 further finds that it is a public necessity that the recordings
90 and transcripts of those portions of hearings wherein
91 proprietary confidential business information is discussed be
92 made confidential and exempt from s. 119.07(1), Florida
93 Statutes, and s. 24(a), Article I of the State Constitution.
94 Failure to exempt such recordings and transcripts would defeat
95 the purpose of the public meeting exemption. Therefore, the
96 Legislature finds that the public and private harm in disclosing
97 proprietary confidential business information outweighs any
98 public benefit derived from the disclosure of such information.
99 Section 3. This act shall take effect upon becoming a law.
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