Florida Statute 364.183 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 364
COMMUNICATIONS SERVICES

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F.S. 364.183

364.183 Access to company records.—

(1) The commission shall have access to all records of a telecommunications company which are reasonably necessary for the disposition of matters within the commission’s jurisdiction. The commission may require a telecommunications company to file records, reports or other data directly related to matters within the commission’s jurisdiction in the form specified by the commission and may require such company to retain such information for a designated period of time. Upon request of the company or other person, any records received by the commission which are claimed by the company or other person to be proprietary confidential business information shall be kept confidential and shall be exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(2) Discovery in any docket or proceeding before the commission shall be in the manner provided for in Rule 1.280 of the Florida Rules of Civil Procedure. Upon a showing by a company or other person and a finding by the commission that discovery will require the disclosure of proprietary confidential business information, the commission shall issue an appropriate protective order designating the manner for handling such information during the course of the proceeding and for protecting such information from disclosure outside the proceeding. Such proprietary confidential business information shall be exempt from s. 119.07(1). Any records provided pursuant to a discovery request for which proprietary confidential business information status is requested shall be treated by the commission and the Office of the Public Counsel and any other party subject to the public records law as confidential and shall be exempt from s. 119.07(1), pending a formal ruling on such request by the commission or the return of the records to the person providing the records. Any record which has been determined to be proprietary confidential business information and is not entered into the official record of the proceeding shall be returned to the person providing the record within 60 days after the final order, unless the final order is appealed. If the final order is appealed, any such record shall be returned within 30 days after the decision on appeal. The commission shall adopt the necessary rules to implement this subsection.

(3) The term “proprietary confidential business information” means information, regardless of form or characteristics, which is owned or controlled by the person or company, is intended to be and is treated by the person or company as private in that the disclosure of the information would cause harm to the ratepayers or the person’s or company’s business operations, and has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or private agreement that provides that the information will not be released to the public. The term includes, but is not limited to:

(a) Trade secrets.

(b) Internal auditing controls and reports of internal auditors.

(d) Information concerning bids or other contractual data, the disclosure of which would impair the efforts of the company or its affiliates to contract for goods or services on favorable terms.

(e) Information relating to competitive interests, the disclosure of which would impair the competitive business of the provider of information.

(f) Employee personnel information unrelated to compensation, duties, qualifications, or responsibilities.

(4) Any finding by the commission that a record contains proprietary confidential business information is effective for a period set by the commission not to exceed 18 months, unless the commission finds, for good cause, that the protection from disclosure shall be for a specified longer period. The commission shall order the return of a record containing proprietary confidential business information when such record is no longer necessary for the commission to conduct its business. At that time, the commission shall order any other person holding such record to return it to the person providing the record. Any record containing proprietary confidential business information which has not been returned at the conclusion of the period set pursuant to this subsection shall no longer be exempt from s. 119.07(1) unless the telecommunications company or affected person shows, and the commission finds, that the record continues to contain proprietary confidential business information. Upon such finding, the commission may extend the period for confidential treatment for a period not to exceed 18 months unless the commission finds, for good cause, that the protection from disclosure shall be for a specified longer period. During commission consideration of an extension, the record in question remains exempt from s. 119.07(1). The commission shall adopt rules to implement this subsection, which shall include notice to the telecommunications company or affected person regarding the expiration of confidential treatment.

History.—ss. 1, 5, ch. 82-51; ss. 6, 7, ch. 89-163; ss. 23, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 18, ch. 95-403; s. 167, ch. 96-406; s. 26, ch. 2011-36.

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Amendments to 364.183

Arrestable Offenses / Crimes under Fla. Stat. 364.183

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 364.183.

Annotations, Discussions, Cases:

Cases Citing Statute 364.183

Total Results: 12

Hill v. Prudential Ins. Co. of America

Court: Fla. Dist. Ct. App. | Date Filed: 1997-11-30T23:53:00-08:00

Citation: 701 So. 2d 1218

Snippet: Thus, once the exceptions set forth in section 364.183(3) are considered in conjunction with the Public… the Commission's conclusions that section 364.183(8) should be narrowly construed and that no exception

Southern Bell Tel. & Tel. Co. v. Deason

Court: Fla. | Date Filed: 1994-03-10T00:00:00-08:00

Citation: 632 So. 2d 1377

Snippet: FOF-TL, p. 3. Based on the language of section 364.183, Florida Statutes (1991), the PSC ordered Southern…provide access to the requested records. Subsection 364.183(1) provides in part: The commission shall have …issue presented by this case is whether section 364.183 provides the PSC with the authority to gain access… by a company's affiliates. §§ 364.01 and 364.183, Fla. Stat. (1991). To satisfy this obligation,…Operational Review. [12] We hold that section 364.183(1), Florida Statutes (1991), does not apply to

Southern Bell Tel. and Tel. Co. v. Beard

Court: Fla. Dist. Ct. App. | Date Filed: 1992-04-10T00:53:00-07:00

Citation: 597 So. 2d 873

Snippet: documents as confidential, pursuant to Section 364.183, Florida Statutes (Supp. 1990). We affirm. Appellant…confidential business information" under section 364.183[1] and, therefore, *875 should be protected from…confidential treatment of the documents under section 364.183. In regard to Document A, Bell considered the document…confidential business information pursuant to Section 364.183(3)(b), Florida Statutes." In response thereto…within any specific category set out in section 364.183(3), Bell argued that it should be afforded confidential

Ago

Court: Fla. Att'y Gen. | Date Filed: 1990-06-28T00:53:00-07:00

Snippet: provider is exempt from s. 119.07(1), F.S.; and s. 364.183, F.S., providing that the Florida Public Service

Fla. Soc of Newspaper Editors, Inc. v. Fla., Psc

Court: Fla. Dist. Ct. App. | Date Filed: 1989-04-28T00:00:00-07:00

Citation: 543 So. 2d 1262

Snippet: Commission's determination, under sections 364.183 and 366.093, that a document it has required a …den., 419 So.2d 1197 (Fla. 1982). But sections 364.183 and 366.093 are worded differently from other exemption…determinations of confidentiality under sections 364.183 and 366.093. Subsection (6) of the rule authorizes… had obtained a protective order under section 364.183, Florida Statutes (1987), and Rule 25-22.006, Florida…documents declared confidential under sections 364.183 and 366.093. Southern Bell, AT & T and Florida

Gustafson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1971-04-23T00:00:00-08:00

Citation: 251 So. 2d 689, 1971 Fla. App. LEXIS 6192

Snippet: ; Isbell v. Bay Circuit Judge, 1921, 215 Mich. 364, 183 N.W. 721; Campbell v. Board of Commissioners of

The Florida Bar v. Abramson

Court: Fla. | Date Filed: 1967-05-24T00:53:00-07:00

Citation: 199 So. 2d 457

Snippet: persuasive force. Copren v. State Bar, 64 Nev. 364, 183 P.2d 833, 173 A.L.R. 284." (Emphasis added

The Florida Bar v. Wilkes

Court: Fla. | Date Filed: 1965-10-13T00:53:00-07:00

Citation: 179 So. 2d 193

Snippet: 261 N.W. 480; Copren v. State Bar, 1947, 64 Nev. 364, 183 P.2d 833, 173 A.L.R. 284; In re Brown, 1932, 60

State Ex Rel. Florida Bar v. Rubin

Court: Fla. | Date Filed: 1962-05-31T00:53:00-07:00

Citation: 142 So. 2d 65

Snippet: persuasive force. Copren v. State Bar, 64 Nev. 364, 183 P.2d 833, 173 A.L.R. 284." We have accordingly

Application of Harper

Court: Fla. | Date Filed: 1956-01-10T23:53:00-08:00

Citation: 84 So. 2d 700

Snippet: persuasive force. Copren v. State Bar, 64 Nev. 364, 183 P.2d 833, 173 A.L.R. 284. The same general principles

In Re Adoption of Long

Court: Fla. | Date Filed: 1952-02-14T23:53:00-08:00

Citation: 56 So. 2d 450

Snippet: Shippers Insurance Company of New York, 281 Mass. 364, 183 N.E. 718. One may adopt a name different from

State v. Christiansen

Court: Fla. | Date Filed: 1940-04-02T00:00:00-08:00

Citation: 195 So. 153, 142 Fla. 537, 1940 Fla. LEXIS 1408

Snippet: authority of State v. County of St. Lucie, 134 Fla. 364, 183 So. 846, Dade Drainage District could issue refunding