HB 7057 2022
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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
A bill to be entitled 1
An act relating to public records and public meetings; 2
amending s. 282.3185, F.S.; providing an exemption 3
from public records requirements for certain 4
information related to a cybersecurity incident or 5
ransomware incident held by a local government, state 6
agency, or sheriff; authorizing the disclosure of the 7
confidential and exempt information under certain 8
circumstances; providing an exemption from publ ic 9
meetings requirements for portions of a meeting that 10
would reveal certain information related to a 11
cybersecurity incident or ransomware incident held by 12
a local government, state agency, or sheriff; 13
requiring the recording and transcription of exempt 14
portions of such meetings; providing an exemption from 15
public records requirements for such recordings and 16
transcripts; providing for future legislative review 17
and repeal of the exemptions; providing a statement of 18
public necessity; providing a contingent ef fective 19
date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
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Section 1. Subsection (7) is added to section 282.3185, 24
Florida Statutes, as created by HB 7055, 2022 Regular Session, 25
HB 7057 2022
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to read: 26
(7) PUBLIC RECORDS AND PUBLIC MEETING S EXEMPTION.— 27
(a) Information related to a cybersecurity incident or 28
ransomware incident held by a local government, state agency, or 29
sheriff pursuant to this section or s. 252.351 is confidential 30
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 31
Constitution to the extent that disclosure of such information 32
would facilitate unauthorized access to or the unauthorized 33
modification, disclosure, or destruction of: 34
1. Data or information, whether physical or virtual; or 35
2. Information technology res ources, including, but not 36
limited to, the following: 37
a. Information relating to the security of the local 38
government's technologies, processes, and practices designed to 39
protect networks, computers, data processing software, and data 40
from attack, damage, or unauthorized access. 41
b. Security information, whether physical or virtual, 42
which relates to the local government's existing or proposed 43
information technology systems. 44
(b) Information made confidential and exempt under 45
paragraph (a) may be disclos ed by a local government, state 46
agency, or sheriff: 47
1. In the furtherance of his, her, or its official duties 48
and responsibilities. 49
2. To another governmental entity in the furtherance of 50
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his, her, or its statutory duties and responsibilities. 51
(c) Any portion of a meeting that would reveal information 52
made confidential and exempt under paragraph (a) is exempt from 53
s. 286.011 and s. 24(b), Art. I of the State Constitution. An 54
exempt portion of a meeting may not be off the record and must 55
be recorded and transcribed. The recording and transcript are 56
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 57
of the State Constitution. 58
(d) This subsection is subject to the Open Government 59
Sunset Review Act in accordance with s. 119.15 and shall stand 60
repealed on October 2, 2027, unless reviewed and saved from 61
repeal through reenactment by the Legislature. 62
Section 2. The Legislature finds that it is a public 63
necessity that information related to a cybersecurity incident 64
or ransomware incident held a local government, state agency, or 65
sheriff pursuant to s. 282.3185, Florida Statutes, or s. 66
252.351, Florida Statutes, be made confidential and exempt from 67
s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 68
State Constitution to the extent that disclosure of such 69
information would facilitate unauthorized access to or the 70
unauthorized modification, disclosure, or destruction of data or 71
information, whether physical or virtual, or information 72
technology resources. Suc h information includes proprietary 73
information about the security of a local government system and 74
disclosure of that information could result in the 75
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identification of vulnerabilities and further breaches of the 76
local government system. In addition, the di sclosure of such 77
information could compromise the integrity of a local 78
government's data, information, or information technology 79
resources, which would significantly impair the administration 80
of vital programs. Therefore, this information should be made 81
confidential and exempt in order to protect the local 82
government's data, information, and information technology 83
resources. The Legislature also finds that it is a public 84
necessity that any portion of a meeting in which the 85
confidential and exempt informatio n is discussed be made exempt 86
from s. 286.011, Florida Statutes, and s. 24(b), Article I of 87
the State Constitution, and that any recordings and transcripts 88
of those portions of a meeting in which the confidential and 89
exempt information is discussed be made confidential and exempt 90
from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 91
the State Constitution. The failure to close that portion of a 92
meeting at which confidential and exempt information is 93
discussed, and prevent the disclosure of the rec ordings and 94
transcripts of those portions of a meeting, would defeat the 95
purpose of the underlying public record s exemption and could 96
result in the release of highly sensitive information related to 97
the cybersecurity of a local government system. For these 98
reasons, the Legislature finds that the se public records and 99
public meetings exemptions are of the utmost importance and are 100
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a public necessity. 101
Section 3. This act shall take effect on the same date 102
that HB 7055 or similar legislation takes effect , if such 103
legislation is adopted in the same legislative session or an 104
extension thereof and becomes law. 105