Florida Statute 366.093 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 366
PUBLIC UTILITIES

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F.S. 366.093

366.093 Public utility records; confidentiality.—

(1) The commission shall continue to have reasonable access to all public utility records and records of the utility’s affiliated companies, including its parent company, regarding transactions or cost allocations among the utility and such affiliated companies, and such records necessary to ensure that a utility’s ratepayers do not subsidize nonutility activities. Upon request of the public utility or other person, any records received by the commission which are shown and found by the commission to be proprietary confidential business information shall be kept confidential and shall be exempt from s. 119.07(1).

(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. Information which affects a utility’s rates or cost of service shall be considered relevant for purposes of discovery in any docket or proceeding where the utility’s rates or cost of service are at issue. The commission shall determine whether information requested in discovery affects a utility’s rates or cost of service. Upon a showing by a utility or other person and a finding by the commission that discovery will require the disclosure of proprietary confidential business information, the commission shall issue appropriate protective orders 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 must 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 must be returned within 30 days after the decision on appeal. The commission shall adopt the necessary rules to implement this provision.

(3) 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. Proprietary confidential business information 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 public utility 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 the information.

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

(4) Any finding by the commission that records contain 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 records containing proprietary confidential business information when such records are no longer necessary for the commission to conduct its business. At that time, the commission shall order any other person holding such records to return them to the person providing the records. Records containing proprietary confidential business information which have 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 public utility or affected person shows, and the commission finds, that the records continue 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 records in question will remain exempt from s. 119.07(1). The commission shall adopt rules to implement this provision which shall include notice to the public utility or affected person regarding the expiration of confidential treatment.

History.—ss. 2, 15, ch. 82-25; ss. 11, 20, 22, ch. 89-292; s. 4, ch. 91-429.

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Amendments to 366.093

Arrestable Offenses / Crimes under Fla. Stat. 366.093

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 366.093.

Annotations, Discussions, Cases:

Cases Citing Statute 366.093

Total Results: 10

Citizens of the State of Florida, etc. v. Andrew Giles Fay, etc.

Court: Supreme Court of Florida | Date Filed: 2024-11-14

Snippet: prudent nuclear asset-recovery costs . . . .”); § 366.93(2), Fla. Stat. (2021) (“Such mechanisms must be

Citizens of the State of Florida v. Art Graham, etc.

Court: Supreme Court of Florida | Date Filed: 2016-05-19

Citation: 191 So. 3d 897

Snippet: energy power sources. See §§ 366.8255; 366.92; 366.93, Fla. Stat. (2014).' Without statutory authorization

Citizens of the State Ex Rel. Office of Public Counsel v. Florida Public Service Commission & Utilities, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-05-06

Citation: 164 So. 3d 58, 2015 WL 1963786

Snippet: action (PAA) procedures, Sections 350.0611(1), 366.093(2), 367.156(2), F.S., and Rule 28-106.206, F.A

Smalley v. Duke Energy Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2014-12-31

Citation: 154 So. 3d 439, 2014 Fla. App. LEXIS 20925

Snippet: Utilities challenging the constitutionality of sections 366.93 and 403.519, Florida Statutes (2012), and seeking

Southern Alliance for Clean Energy v. Graham

Court: Supreme Court of Florida | Date Filed: 2013-05-02

Citation: 113 So. 3d 742, 38 Fla. L. Weekly Supp. 267, 2013 WL 1830919, 2013 Fla. LEXIS 886

Snippet: § 3(b)(2), Fla. Const. SACE argues that section 366.93 unconstitutionally delegates legislative authority

Florida Power & Light Co. v. Florida Public Service Commission

Court: District Court of Appeal of Florida | Date Filed: 2010-03-03

Citation: 31 So. 3d 860, 30 I.E.R. Cas. (BNA) 805, 2010 Fla. App. LEXIS 2528, 2010 WL 728211

Snippet: in accordance with the procedures in section 366.093, Florida Statutes (2008). Background In March

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-03-03

Snippet: 366.04,3 366.05(7) and (8),4 366.051,5366.055,6 366.093,7 366.095,8 366.14,9 and 366.80—366.85,10 to utilities

LEE COUNTY ELEC. CO-OP., INC. v. Jacobs

Court: Supreme Court of Florida | Date Filed: 2002-05-02

Citation: 820 So. 2d 297, 2002 WL 825704

Snippet: 366.04, 366.05(7) and (8), 366.051, 366.055, 366.093, 366.095, 366.14, and 366.80 366.85, ... to the

Lee County Electric Cooperative, Inc. v. Cook

Court: District Court of Appeal of Florida | Date Filed: 1992-09-04

Citation: 604 So. 2d 911, 1992 Fla. App. LEXIS 9385

Snippet: confidential business information as defined in s. 366.093. . Disclosure of records under a clear statutory

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

Court: District Court of Appeal of Florida | Date Filed: 1989-04-28

Citation: 543 So. 2d 1262

Snippet: Commission's determination, under sections 364.183 and 366.093, that a document it has required a utility company