CS/HB 911 2023
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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; amending s. 2
119.0712, F.S.; providing exemptions from public 3
records requirements for e -mail addresses collected 4
and held by the Department of State and secure login 5
credentials held by the Department of State for a 6
certain purpose; providing for retroactive 7
application; providing for future legislative review 8
and repeal of the exemptions; providing a statement of 9
public necessity; providing a contingent effective 10
date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Subsection (5) is added to section 119.0712, 15
Florida Statutes, to read: 16
119.0712 Executive branch agency -specific exemptions from 17
inspection or copying of public records. — 18
(5) DEPARTMENT OF STATE. — 19
(a) E-mail addresses collected and held by the Department 20
of State pursuant to chapter 48, chapter 55, chapter 117, 21
chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 22
chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 23
chapter 713, or chapter 865 are exempt from s. 119.07(1) and s. 24
24(a), Art. I of the State Constitution. This exemption applies 25
CS/HB 911 2023
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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
to e-mail addresses held by the department before, on, or after 26
the effective date of this act. 27
(b) Secure login credentials held by the Department of 28
State for purposes of a password protected system implemented 29
pursuant to s. 15.16(3) are exempt from s. 119.07(1) and s. 30
24(a), Art. I of the State Constitution. This exe mption applies 31
to secure login credentials held by the department before, on, 32
or after the effective date of the exemption. For purposes of 33
this paragraph, the term "secure login credentials" means 34
information held by the department for purposes of 35
authenticating a user logging into a user account on a computer, 36
a computer system, a computer network, or an electronic device; 37
an online user account accessible over the Internet, whether 38
through a mobile device, a website, or any other electronic 39
means; or information used for authentication or password 40
recovery. 41
(c) This subsection is subject to the Open Government 42
Sunset Review Act in accordance with s. 119.15 and shall stand 43
repealed on October 2, 2028, unless reviewed and saved from 44
repeal through reenact ment by the Legislature. 45
Section 2. The Legislature finds that it is a public 46
necessity that e-mail addresses collected and held by the 47
Department of State and secure login credentials held by the 48
Department of State for purposes of a password protecte d system 49
implemented pursuant to s. 15.16(3), Florida Statutes, be made 50
CS/HB 911 2023
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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
exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 51
Article I of the State Constitution. Such identifying 52
information can be used as a tool to perpetuate fraud against an 53
individual or corporation, the release of which could cause 54
great financial harm to the individual or corporation. 55
Therefore, the Legislature finds that it is a public necessity 56
that such information be made exempt from public records 57
requirements. 58
Section 3. This act shall take effect on the same date 59
that HB 909 or similar legislation takes effect , if such 60
legislation is adopted in the same legislative session or an 61
extension thereof and becomes a law. 62