FL
Florida House Bill H1437

Florida 2023 Regular Session

Florida House Bill H1437 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
1616 119.0712, F.S.; providing an exemption from public 3
1717 records requirements for certain information relating 4
1818 to communications services locations, project 5
1919 proposals, and challenges submitted to and held by the 6
2020 Department of Economic Opportunity under the Broadband 7
21-Opportunity Program or pursuant to a federal broadband 8
22-access grant program implemented by the depar tment; 9
23-providing applicability; providing for future 10
24-legislative review and repeal of the exemption; 11
25-providing a statement of public necessity; providing 12
26-an effective date. 13
21+Opportunity Program; providing for future legislative 8
22+review and repeal of the exemption; providing a 9
23+statement of public necessity; providing an effective 10
24+date. 11
25+ 12
26+Be It Enacted by the Legislature of the State of Florida: 13
2727 14
28-Be It Enacted by the Legislature of the State of Florida: 15
29- 16
30- Section 1. Subsection (5) is added to section 119.0712, 17
31-Florida Statutes, to read: 18
32- 119.0712 Executive branch agency -specific exemptions from 19
33-inspection or copying of public records. — 20
34- (5) DEPARTMENT OF ECONOMIC OPPORTUNITY. — 21
35- (a) Information relating to communication s services 22
36-locations, project proposals, and challenges submitted to and 23
37-held by the Department of Economic Opportunity under s. 288.9962 24
38-or pursuant to a federal broadband access grant program 25
28+ Section 1. Subsection (5) is added to section 119.0712, 15
29+Florida Statutes, to read: 16
30+ 119.0712 Executive branch agency -specific exemptions from 17
31+inspection or copying of public records. — 18
32+ (5) DEPARTMENT OF ECONOMIC OPPORTUNITY. —Information 19
33+relating to communications services locations, project 20
34+proposals, and challenges submitted to and held by the 21
35+Department of Economic Opportunit y under s. 288.9962 is 22
36+confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 23
37+of the State Constitution if such information is not otherwise 24
38+publicly available and would reveal: 25
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4747 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
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51-implemented by the Department of Economic Opportunity is 26
52-confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 27
53-of the State Constitution if such information is not otherwise 28
54-publicly available and the release of such information would 29
55-reveal: 30
56- 1. The location or capacity of communications network 31
57-facilities; 32
58- 2. Communications network areas, including geographical 33
59-maps indicating actual or proposed locations of network 34
60-infrastructure or facilities; 35
61- 3. The features, functions, and capabilities of 36
62-communications network infrastructure and facilities; 37
63- 4. Security, including cybersecurity, of the design, 38
64-construction, and operation of the communications network and 39
65-associated services and products; 40
66- 5. Specific customer locations; or 41
67- 6. Sources of funding or in -kind contributions for a 42
68-project. 43
69- (b) This exemption does not apply to any required 44
70-functions of the department under s. 288.9962 relating to 45
71-publishing a description of the proposed unserved areas to be 46
72-served and the proposed broadband Internet speeds of the areas 47
73-to be served as provided by the applicant and approved by the 48
74-department. 49
75- (c) This subsection is subject to the Open Government 50
51+ (a) The location and capacity of communications network 26
52+facilities; 27
53+ (b) Communications network coverage areas, including 28
54+geographical maps indicating actual or proposed locations of 29
55+network infrastructure, facilities, or coverage; 30
56+ (c) The features, functions, and capabilities of 31
57+communications network infrastructure an d facilities; 32
58+ (d) Security, including cybersecurity, of the design, 33
59+construction, and operation of the communications network and 34
60+associated services and products; 35
61+ (e) Specific customer locations; or 36
62+ (f) Sources of funding or in -kind contributions fo r a 37
63+project. 38
64+ 39
65+This subsection is subject to the Open Government Sunset Review 40
66+Act in accordance with s. 119.15 and shall stand repealed on 41
67+October 2, 2028, unless reviewed and saved from repeal through 42
68+reenactment by the Legislature. 43
69+ Section 2. The Legislature finds that it is a public 44
70+necessity that information relating to communications services 45
71+locations, project proposals, and challenges submitted to and 46
72+held by the Department of Economic Opportunity under s. 47
73+288.9962, Florida Statutes, be made exem pt from s. 119.07(1), 48
74+Florida Statutes, and s. 24(a), Article I of the State 49
75+Constitution if such information is not otherwise publicly 50
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8484 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
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88-Sunset Review Act in accordance with s. 119.15 and shall stand 51
89-repealed on October 2, 2028, unless reviewed and saved from 52
90-repeal through reenactment by the Legislature. 53
91- Section 2. The Legislature finds that it is a public 54
92-necessity that certain information relating to communications 55
93-services locations, project proposals, and challenges submitted 56
94-to and held by the Department of Economic Opportunity under the 57
95-Broadband Opportunity Program or pursuant to a federal broadband 58
96-access grant program implemented by the department be made 59
97-confidential and exempt from public records requirements. Such 60
98-information contains security information and proprietary 61
99-business information of communications services providers. The 62
100-disclosure of sensitive information relating to the location, 63
101-capacity, features, functions, and security of these networks 64
102-could result in the identification of vulnerabilities in such 65
103-networks and allow a security breach that could damage the 66
104-networks or disrupt the networks' safe and reliable operation, 67
105-adversely impacting the public health and safety of this state. 68
106-Further, the disclosure of such information would adversely 69
107-affect the business interests and compromise the network 70
108-security of the communications services providers and their 71
109-networks. Therefore, the Legislature finds that it is a public 72
110-necessity that certain information relat ing to communications 73
111-services locations, project proposals, and challenges submitted 74
112-to and held by the Department of Economic Opportunity under the 75
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121-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
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125-Broadband Opportunity Program or pursuant to a federal broadband 76
126-access grant program implemented by the d epartment be made 77
127-confidential and exempt from s. 119.07(1), Florida Statutes, and 78
128-s. 24(a), Article I of the State Constitution. 79
129- Section 3. This act shall take effect July 1, 2023. 80
88+available and would reveal the location and capacity of 51
89+communications network facilities; communications network 52
90+coverage areas, including geographical maps indicating actual or 53
91+proposed locations of network infrastructure, facilities, or 54
92+coverage; the features, functions, and capabilities of 55
93+communications network infrastructure and facilities; security, 56
94+including cybersecurity, of the design, construction, and 57
95+operation of the communications network and associated services 58
96+and products; specific customer locations; or sources of funding 59
97+or in-kind contributions for a project. Such information 60
98+contains security information and proprietary business 61
99+information of communications services providers. The disclosure 62
100+of sensitive information relating to the locations, capacities, 63
101+features, and functions of communications networks and 64
102+facilities could result in identification of v ulnerabilities in 65
103+such networks and facilities and allow security breaches that 66
104+may damage and disrupt the safe and reliable operation of such 67
105+networks, adversely impacting the public health and safety of 68
106+the state. Disclosure of such information would adv ersely affect 69
107+the business interests and compromise the network security of 70
108+such communications services providers and their networks and 71
109+facilities. 72
110+ Section 3. This act shall take effect July 1, 2023. 73