St. Petersburg |
Code of Ordinances |
Chapter 25. STREETS, SIDEWALKS AND MISCELLANEOUS PUBLIC PLACES |
Article VIII. USE OF RIGHTS-OF-WAY FOR THE PROVISION OF SERVICES |
§ 25-302. Records; inspection; confidentiality.
(a)
Reports and other documents. A provider shall provide to the POD, upon written request, a copy of any and all material communications, reports, petitions or other filings, either received from or submitted to any municipal, county, State or federal agency or official (and any response thereto submitted or received by the provider) and any other information or report reasonably related to a provider's obligations under this article relating to the placement or maintenance of any facility in the right-of-way, but not including tax returns or other filings which are deemed confidential by law. Such information or report shall be accurate and complete and supplied within 30 business days following such request.
(b)
Confidentiality; public records law; litigation; hold harmless and indemnification.
(1)
All information submitted to the POD that is considered by the person submitting such information to be proprietary confidential business information shall be clearly marked as such when submitted. Information not so marked shall be presumed to be public record, open for inspection as provided by Florida law. The POD shall exercise reasonable efforts to protect proprietary confidential business information which is clearly marked as such from public inspection, but only to the extent that such protection is required and authorized by State law, unless public inspection or disclosure is required by federal or State law. This subsection shall not be deemed to be an assurance or warranty that any such information will not be disclosed.
(2)
In the event of litigation brought by any person seeking to compel access to, inspection, or copying of any such information, the person submitting such information shall, upon notice by the City of such litigation, appear, indemnify, and hold the City and its officers and employees harmless from all costs and damages arising from such litigation including but not limited to attorney's fees incurred by the City and attorney's fees awarded to the successful plaintiff in such litigation.
(c)
Provider's expense. All reports and records required under this article shall be furnished at the sole expense of the provider.
(d)
Right of inspection and verification. To the extent allowed by law, the POD shall have the right to inspect and examine, during normal business hours and upon reasonable notice to a provider all documents, records or other information which pertain to the provider with respect to the location of a facility and its installation, maintenance and placement in a right-of-way. The purpose of such inspection and examination shall be to verify the accuracy of information provided to the City. All such documents shall be made available within the City or in such other place that the POD and the provider may agree upon in writing in order to facilitate said inspection and examination; provided, however, that if such documents are located outside of the City, then the provider shall pay the reasonable expenses incurred by the City in traveling to such location. Provider shall also reimburse the City for the reasonable costs incurred by the City for utilizing a third party to assist with or conduct such an inspection and examination. This subsection is not intended to authorize, and shall not be construed as authorizing, the POD to require an audit of the financial records of provider.
(e)
Exemption. The requirements of this section shall not apply to any cable or video service provider to whom F.S. § 610.114, applies.
(Code 1992, § 25-405; Ord. No. 507-G, § 1, 11-29-2001; Ord. No. 1001-G, § 7, 11-4-2010)