FL
Florida House Bill H1549

Florida 2023 Regular Session

Florida House Bill H1549 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 501.173, F.S.; providing an exemption from public 3
1717 records requirements for information relating to 4
1818 investigations by the Department of Legal Affairs and 5
1919 law enforcement agencies of certain data privacy 6
2020 violations; providing for future legislative review 7
2121 and repeal of the exemption; providing a statement of 8
2222 public necessity; providing a contingent effective 9
2323 date. 10
2424 11
2525 Be It Enacted by the Legislature of the State of Florida: 12
2626 13
27- Section 1. Subsection (13) is added to section 501.173, 14
27+ Section 1. Subsection (14) is added to section 501.173, 14
2828 Florida Statutes, as created by HB 1547, 2023 Regular Session, 15
2929 to read: 16
3030 501.173 Consumer data privacy. — 17
31- (13) PUBLIC RECORDS EXEMPTION.— 18
31+ (14) PUBLIC RECORDS EXEMPTION .— 18
3232 (a) All information received by the department pursuant to 19
3333 a notification of a violation under this section, or received by 20
3434 the department pursuant to an investigation by the department or 21
35-a law enforcement agency of a violation of this section or s. 22
36-501.1735, is confidential and exempt from s. 119.07(1) and s. 23
37-24(a), Art. I of the State Constitution, until such time as the 24
38-investigation is completed or ceases to be active. This 25
35+a law enforcement agency of a violation of this section, is 22
36+confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 23
37+of the State Constitution, until such time as the investigation 24
38+is completed or ceases to be active. This exemption shall be 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-exemption shall be construed in conformity with s. 26
52-119.071(2)(c). 27
53- (b) During an active investigation, information made 28
54-confidential and exempt pursuant to paragraph (a) may be 29
55-disclosed by the department: 30
56- 1. In the furtherance of its official duties and 31
57-responsibilities; 32
58- 2. For print, publication, or broadca st if the department 33
59-determines that such release would assist in notifying the 34
60-public or locating or identifying a person that the department 35
61-believes to be a victim of a data breach or improper use or 36
62-disposal of customer records, except that information made 37
63-confidential and exempt by paragraph (c) may not be released 38
64-pursuant to this subparagraph; or 39
65- 3. To another governmental entity in the furtherance of 40
66-its official duties and responsibilities. 41
67- (c) Upon completion of an investigation or once an 42
68-investigation ceases to be active, the following information 43
69-received by the department shall remain confidential and exempt 44
70-from s. 119.07(1) and s. 24(a), Art. I of the State 45
71-Constitution: 46
72- 1. All information to which another public records 47
73-exemption applies. 48
74- 2. Personal information. 49
75- 3. A computer forensic report. 50
51+construed in conformity with s. 119.071(2)(c). 26
52+ (b) During an active investigation, information made 27
53+confidential and exempt pursuant to paragraph (a) may be 28
54+disclosed by the department: 29
55+ 1. In the furtherance of its official duties and 30
56+responsibilities; 31
57+ 2. For print, publication, or broadcast if the department 32
58+determines that such release would assist in notifying the 33
59+public or locating or identifying a person that the department 34
60+believes to be a victim of a data breach or improper use or 35
61+disposal of customer records, except that information made 36
62+confidential and exempt by paragraph (c) may not be released 37
63+pursuant to this subparagraph; or 38
64+ 3. To another governmental entity in the furtherance of 39
65+its official duties and responsibilities. 40
66+ (c) Upon completion of an investigation or once an 41
67+investigation ceases to be activ e, the following information 42
68+received by the department shall remain confidential and exempt 43
69+from s. 119.07(1) and s. 24(a), Art. I of the State 44
70+Constitution: 45
71+ 1. All information to which another public records 46
72+exemption applies. 47
73+ 2. Personal information . 48
74+ 3. A computer forensic report. 49
75+ 4. Information that would otherwise reveal weaknesses in 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- 4. Information that would otherwise reveal weaknesses in 51
89-the data security of a controller, processor, or third party. 52
90- 5. Information that would disclose the proprietary 53
91-information of a controller, processor, or third party. 54
92- (d) For purposes of this subsection, the term "proprietary 55
93-information" means information that: 56
94- 1. Is owned or controlled by the controller, processor, or 57
95-third party. 58
96- 2. Is intended to be private and is treated by the 59
97-controller, processor, or third party as private because 60
98-disclosure would harm the controller, processor, or third party 61
99-or its business operations. 62
100- 3. Has not been disclosed except as required by law or a 63
101-private agreement that provides that the information will not be 64
102-released to the public. 65
103- 4. Is not publicly available or otherwise readily 66
104-ascertainable through proper means from another source in the 67
105-same configuration as received by the department. 68
106- 5. Includes: 69
107- a. Trade secrets as define d in s. 688.002. 70
108- b. Competitive interests, the disclosure of which would 71
109-impair the competitive advantage of the controller, processor, 72
110-or third party who is the subject of the information. 73
111- (e) This subsection is subject to the Open Government 74
112-Sunset Review Act in accordance with s. 119.15 and shall stand 75
88+the data security of a controller, processor, or third party. 51
89+ 5. Information that would disclose the proprietary 52
90+information of a controller, processor, or third party. 53
91+ (d) For purposes of this subsection, the term "proprietary 54
92+information" means information that: 55
93+ 1. Is owned or controlled by the controller, processor, or 56
94+third party. 57
95+ 2. Is intended to be private and is treated by the 58
96+controller, processor, or third party as private because 59
97+disclosure would harm the controller, processor, or third party 60
98+or its business operations. 61
99+ 3. Has not been disclosed except as required by law or a 62
100+private agreement that provides that the information will not be 63
101+released to the public. 64
102+ 4. Is not publicly available or otherwise readily 65
103+ascertainable through proper means from another source in the 66
104+same configuration as received by the department. 67
105+ 5. Includes: 68
106+ a. Trade secrets as defined in s. 688.002. 69
107+ b. Competitive interests, the disclosure of which would 70
108+impair the competitive advantage of the controller, processor, 71
109+or third party who is the subject of the information. 72
110+ (e) This subsection is subject to the Open Government 73
111+Sunset Review Act in accordanc e with s. 119.15 and shall stand 74
112+repealed on October 2, 2028, unless reviewed and saved from 75
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121121 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-repealed on October 2, 2028, unless reviewed and saved from 76
126-repeal through reenactment by the Legislature. 77
127- Section 2. The Legislature finds that it is a public 78
128-necessity that all information receiv ed by the Department of 79
129-Legal Affairs pursuant to a notification of a violation of s. 80
130-501.173 or s. 501.1735, Florida Statutes, or received by the 81
131-department pursuant to an investigation by the department or a 82
132-law enforcement agency of a violation of s. 50 1.173 or s. 83
133-501.1735, Florida Statutes, be made confidential and exempt from 84
134-s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 85
135-State Constitution for the following reasons: 86
136- (1) A notification of a violation of s. 501.173 or s. 87
137-501.1735, Florida Statutes, may result in an investigation of 88
138-such violation. The premature release of such information could 89
139-frustrate or thwart the investigation and impair the ability of 90
140-the department to effectively and efficiently administer s. 91
141-501.173 or s. 501.1735, Florida Statutes. In addition, release 92
142-of such information before completion of an active investigation 93
143-could jeopardize the ongoing investigation. 94
144- (2) Release of information to which another public record 95
145-exemption applies once an inve stigation is completed or ceases 96
146-to be active would undo the specific statutory exemption 97
147-protecting that information. 98
148- (3) An investigation of a violation of s. 501.173 or s. 99
149-501.1735, Florida Statutes, is likely to result in the gathering 100
125+repeal through reenactment by the Legislature. 76
126+ Section 2. The Legislature finds that it is a public 77
127+necessity that all information received by the Department o f 78
128+Legal Affairs pursuant to a notification of a violation of s. 79
129+501.173, Florida Statutes, or received by the department 80
130+pursuant to an investigation by the department or a law 81
131+enforcement agency of a violation of s. 501.173, Florida 82
132+Statutes, be made conf idential and exempt from s. 119.07(1), 83
133+Florida Statutes, and s. 24(a), Article I of the State 84
134+Constitution for the following reasons: 85
135+ (1) A notification of a violation of s. 501.173, Florida 86
136+Statutes, may result in an investigation of such violation. The 87
137+premature release of such information could frustrate or thwart 88
138+the investigation and impair the ability of the department to 89
139+effectively and efficiently administer s. 501.173, Florida 90
140+Statutes. In addition, release of such information before 91
141+completion of an active investigation could jeopardize the 92
142+ongoing investigation. 93
143+ (2) Release of information to which another public record 94
144+exemption applies once an investigation is completed or ceases 95
145+to be active would undo the specific statutory exemption 96
146+protecting that information. 97
147+ (3) An investigation of a violation of s. 501.173, Florida 98
148+Statutes, is likely to result in the gathering of sensitive 99
149+personal information, including identification numbers, unique 100
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158158 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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162-of sensitive personal information, including identification 101
163-numbers, unique identifiers, professional or employment -related 102
164-information, and personal financial information. Such 103
165-information could be used for the purpose of identity theft. The 104
166-release of such information could subject possible victims of 105
167-data privacy violations to further harm. 106
168- (4) Notices received by the department and information 107
169-received during an investigation of a violation of s. 501.173 or 108
170-s. 501.1735, Florida Statutes, are likely to contain propr ietary 109
171-information. Such information, including trade secrets, derives 110
172-independent, economic value, actual, or potential, from being 111
173-generally unknown to, and not readily ascertainable by, other 112
174-persons who might obtain economic value from its disclosure o r 113
175-use. Allowing public access to proprietary information, 114
176-including a trade secret, through a public records request could 115
177-destroy the value of the proprietary information and cause a 116
178-financial loss to the controller, processor, or third party 117
179-submitting the information. Release of such information could 118
180-give business competitors an unfair advantage and weaken the 119
181-position of the entity supplying the proprietary information in 120
182-the marketplace. 121
183- (5) Information received by the department may contain a 122
184-computer forensic report or information that could reveal 123
185-weaknesses in the data security of a controller, processor, or 124
186-third party. The release of this information could result in the 125
162+identifiers, professional or employment -related information, and 101
163+personal financial information. Such information could be used 102
164+for the purpose of identity theft. The release of such 103
165+information could subject possible victims of data privacy 104
166+violations to further harm. 105
167+ (4) Notices received by the depar tment and information 106
168+received during an investigation of a violation of s. 501.173, 107
169+Florida Statutes, are likely to contain proprietary information. 108
170+Such information, including trade secrets, derives independent, 109
171+economic value, actual, or potential, from being generally 110
172+unknown to, and not readily ascertainable by, other persons who 111
173+might obtain economic value from its disclosure or use. Allowing 112
174+public access to proprietary information, including a trade 113
175+secret, through a public records request could des troy the value 114
176+of the proprietary information and cause a financial loss to the 115
177+controller, processor, or third party submitting the 116
178+information. Release of such information could give business 117
179+competitors an unfair advantage and weaken the position of the 118
180+entity supplying the proprietary information in the marketplace. 119
181+ (5) Information received by the department may contain a 120
182+computer forensic report or information that could reveal 121
183+weaknesses in the data security of a controller, processor, or 122
184+third party. The release of this information could result in the 123
185+identification of vulnerabilities in the cybersecurity system of 124
186+the controller, processor, or third party and be used to harm 125
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195195 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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199-identification of vulnerabilities in the cybersecurity system of 126
200-the controller, processor, or third party and be used to harm 127
201-the controller, processor, or third party and clients. 128
202- (6) The harm that may result from the release of 129
203-information received by the department pursuant to a 130
204-notification or investigation by the departme nt or a law 131
205-enforcement agency of a violation of s. 501.173 or s. 501.1735, 132
206-Florida Statutes, could impair the effective and efficient 133
207-administration of the investigation and thus, outweighs the 134
208-public benefit that may be derived from the disclosure of the 135
209-information. 136
210- Section 3. This act shall take effect on the same date 137
211-that HB 1547 or similar legislation takes effect , if such 138
212-legislation is adopted in the same legislative session or an 139
213-extension thereof and becomes a law. 140
199+the controller, processor, or third party and clients. 126
200+ (6) The harm that may result from the release of 127
201+information received by the department pursuant to a 128
202+notification or investigation by the department or a law 129
203+enforcement agency of a violation of s. 501.173, Florida 130
204+Statutes, could impair the effective and efficient 131
205+administration of the investigation and thus, outweighs the 132
206+public benefit that may be derived from the disclosure of the 133
207+information. 134
208+ Section 3. This act shall take effect on the same date 135
209+that HB 1547 or similar legislation takes effect , if such 136
210+legislation is adopted in the same legislative session or an 137
211+extension thereof and becomes a law. 138