350.121 Commission inquiries; confidentiality of business material.—If the commission undertakes an inquiry, any records, documents, papers, maps, books, tapes, photographs, files, sound recordings, or other business material, regardless of form or characteristics, obtained by the commission incident to the inquiry are considered confidential and exempt from s. 119.07(1) while the inquiry is pending. If at the conclusion of an inquiry the commission undertakes a formal proceeding, any matter determined by the commission or by a judicial or administrative body, federal or state, to be trade secrets or proprietary confidential business information coming into its possession pursuant to such inquiry shall be considered confidential and exempt from s. 119.07(1). Such material may be used in any administrative or judicial proceeding so long as the confidential or proprietary nature of the material is maintained.
Cited 13 times | Published | Florida 1st District Court of Appeal
...These statutes exempt from section 119.07(1) any records which are shown to be "proprietary confidential business information." This term is defined in both sections to include, "but is not limited to," trade secrets and other enumerated types of information. [4] Section 350.121 exempts from section 119.07(1) any material obtained by the Commission during an "inquiry" while the inquiry is pending, but it also exempts from disclosure in any formal administrative or judicial proceeding any material from the inq...
...[12] Subsection (4) of the rule provides for classification of material received by the Commission from a utility as "specified confidential information" upon the request of the utility, which bears the burden of showing that the document contains "bona fide proprietary confidential business information" under sections 350.121, 364.183, 366.093, or 367.156....
...ic Records Act. Many of these statutes were enacted well after the 1975 amendments, e.g., Fla.Stat. § 213.053 (1980); Fla.Stat. § 403.73 (1980), and some even make specific reference to Chapter *166 119. E.g., Fla.Stat. § 23.129 (1981); Fla.Stat. § 350.121 (1980)....
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