CS/HB 1437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1437-01-c1
Page 1 of 4
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 or pursuant to a federal broadband 8
access grant program implemented by the depar tment; 9
providing applicability; providing for future 10
legislative review and repeal of the exemption; 11
providing a statement of public necessity; providing 12
an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. Subsection (5) is added to section 119.0712, 17
Florida Statutes, to read: 18
119.0712 Executive branch agency -specific exemptions from 19
inspection or copying of public records. — 20
(5) DEPARTMENT OF ECONOMIC OPPORTUNITY. — 21
(a) Information relating to communication s services 22
locations, project proposals, and challenges submitted to and 23
held by the Department of Economic Opportunity under s. 288.9962 24
or pursuant to a federal broadband access grant program 25
CS/HB 1437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1437-01-c1
Page 2 of 4
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
implemented by the Department of Economic Opportunity is 26
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 27
of the State Constitution if such information is not otherwise 28
publicly available and the release of such information would 29
reveal: 30
1. The location or capacity of communications network 31
facilities; 32
2. Communications network areas, including geographical 33
maps indicating actual or proposed locations of network 34
infrastructure or facilities; 35
3. The features, functions, and capabilities of 36
communications network infrastructure and facilities; 37
4. Security, including cybersecurity, of the design, 38
construction, and operation of the communications network and 39
associated services and products; 40
5. Specific customer locations; or 41
6. Sources of funding or in -kind contributions for a 42
project. 43
(b) This exemption does not apply to any required 44
functions of the department under s. 288.9962 relating to 45
publishing a description of the proposed unserved areas to be 46
served and the proposed broadband Internet speeds of the areas 47
to be served as provided by the applicant and approved by the 48
department. 49
(c) This subsection is subject to the Open Government 50
CS/HB 1437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1437-01-c1
Page 3 of 4
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
Sunset Review Act in accordance with s. 119.15 and shall stand 51
repealed on October 2, 2028, unless reviewed and saved from 52
repeal through reenactment by the Legislature. 53
Section 2. The Legislature finds that it is a public 54
necessity that certain information relating to communications 55
services locations, project proposals, and challenges submitted 56
to and held by the Department of Economic Opportunity under the 57
Broadband Opportunity Program or pursuant to a federal broadband 58
access grant program implemented by the department be made 59
confidential and exempt from public records requirements. Such 60
information contains security information and proprietary 61
business information of communications services providers. The 62
disclosure of sensitive information relating to the location, 63
capacity, features, functions, and security of these networks 64
could result in the identification of vulnerabilities in such 65
networks and allow a security breach that could damage the 66
networks or disrupt the networks' safe and reliable operation, 67
adversely impacting the public health and safety of this state. 68
Further, the disclosure of such information would adversely 69
affect the business interests and compromise the network 70
security of the communications services providers and their 71
networks. Therefore, the Legislature finds that it is a public 72
necessity that certain information relat ing to communications 73
services locations, project proposals, and challenges submitted 74
to and held by the Department of Economic Opportunity under the 75
CS/HB 1437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1437-01-c1
Page 4 of 4
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
Broadband Opportunity Program or pursuant to a federal broadband 76
access grant program implemented by the d epartment be made 77
confidential and exempt from s. 119.07(1), Florida Statutes, and 78
s. 24(a), Article I of the State Constitution. 79
Section 3. This act shall take effect July 1, 2023. 80