HB 1437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1437-00
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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 an exemption from public 3
records requirements for certain information relating 4
to communications services locations, project 5
proposals, and challenges submitted to and held by the 6
Department of Economic Opportunity under the Broadband 7
Opportunity Program; providing for future legislative 8
review and repeal of the exemption; providing a 9
statement of public necessity; providing an 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 ECONOMIC OPPORTUNITY. —Information 19
relating to communications services locations, project 20
proposals, and challenges submitted to and held by the 21
Department of Economic Opportunit y under s. 288.9962 is 22
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 23
of the State Constitution if such information is not otherwise 24
publicly available and would reveal: 25
HB 1437 2023
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hb1437-00
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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) The location and capacity of communications network 26
facilities; 27
(b) Communications network coverage areas, including 28
geographical maps indicating actual or proposed locations of 29
network infrastructure, facilities, or coverage; 30
(c) The features, functions, and capabilities of 31
communications network infrastructure an d facilities; 32
(d) Security, including cybersecurity, of the design, 33
construction, and operation of the communications network and 34
associated services and products; 35
(e) Specific customer locations; or 36
(f) Sources of funding or in -kind contributions fo r a 37
project. 38
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This subsection is subject to the Open Government Sunset Review 40
Act in accordance with s. 119.15 and shall stand repealed on 41
October 2, 2028, unless reviewed and saved from repeal through 42
reenactment by the Legislature. 43
Section 2. The Legislature finds that it is a public 44
necessity that information relating to communications services 45
locations, project proposals, and challenges submitted to and 46
held by the Department of Economic Opportunity under s. 47
288.9962, Florida Statutes, be made exem pt from s. 119.07(1), 48
Florida Statutes, and s. 24(a), Article I of the State 49
Constitution if such information is not otherwise publicly 50
HB 1437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1437-00
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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
available and would reveal the location and capacity of 51
communications network facilities; communications network 52
coverage areas, including geographical maps indicating actual or 53
proposed locations of network infrastructure, facilities, or 54
coverage; the features, functions, and capabilities of 55
communications network infrastructure and facilities; security, 56
including cybersecurity, of the design, construction, and 57
operation of the communications network and associated services 58
and products; specific customer locations; or sources of funding 59
or in-kind contributions for a project. Such information 60
contains security information and proprietary business 61
information of communications services providers. The disclosure 62
of sensitive information relating to the locations, capacities, 63
features, and functions of communications networks and 64
facilities could result in identification of v ulnerabilities in 65
such networks and facilities and allow security breaches that 66
may damage and disrupt the safe and reliable operation of such 67
networks, adversely impacting the public health and safety of 68
the state. Disclosure of such information would adv ersely affect 69
the business interests and compromise the network security of 70
such communications services providers and their networks and 71
facilities. 72
Section 3. This act shall take effect July 1, 2023. 73