FL
Florida House Bill H1461

Florida 2024 Regular Session

Florida House Bill H1461 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 501.174, F.S.; providing an exemption from public 3
1717 records requirements for information relating to 4
18-investigations by the Department of Legal Affairs of 5
19-certain artificial intelligence transparency 6
20-violations; providing a definition; providing for 7
21-future legislative review and repeal of the exemption; 8
22-providing a statement of public necessity; providing 9
23-an effective date. 10
24- 11
25-Be It Enacted by the Legislature of the State of Florida: 12
26- 13
27- Section 1. Subsection (8) of section 501.174, Florida 14
28-Statutes, as created by HB 1459 or similar legislation, 2024 15
29-Regular Session, is renumbered as subsection (9), and a new 16
30-subsection (8) is added to that section to read: 17
31- 501.174 Artificial intelligence transparency. — 18
32- (8)(a) All information held by the department pursuant to 19
33-a notification of a violation under this section or an 20
34-investigation of a violation of this section is confidential and 21
35-exempt from s. 119.07(1) and s. 24(a), Art. I of the State 22
36-Constitution, until such time as the investigation is completed 23
37-or ceases to be active. This exemption shall be construed in 24
38-conformity with s. 119.071(2)(c). 25
18+investigations by the Department of Legal Affairs and 5
19+law enforcement agencies of certain artificial 6
20+intelligence transparency violations; providing a 7
21+definition; providing for future legislative review 8
22+and repeal of the exemption; providing a statement of 9
23+public necessity; providing a contingent effective 10
24+date. 11
25+ 12
26+Be It Enacted by the Legislature of the State of Florida: 13
27+ 14
28+ Section 1. Subsection (10) of section 501.174, Florida 15
29+Statutes, as created by HB 1459 or similar legislation, 2024 16
30+Regular Session, is renumbere d as subsection (11), and a new 17
31+subsection (10) is added to that section to read: 18
32+ 501.174 Artificial intelligence transparency. — 19
33+ (10)(a) All information received by the department 20
34+pursuant to a notification of a violation under this section, or 21
35+received by the department pursuant to an investigation by the 22
36+department or a law enforcement agency of a violation of this 23
37+section, is confidential and exempt from s. 119.07(1) and s. 24
38+24(a), Art. I of the State Constitution, until such time as the 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- (b) During an active investigation, information made 26
52-confidential and exempt pursuant to paragraph (a) may be 27
53-disclosed by the department: 28
54- 1. In the furtherance of its official duties and 29
55-responsibilities; 30
56- 2. For print, publication, or broadcast if the departm ent 31
57-determines that such release would assist in notifying the 32
58-public or locating or identifying a person that the department 33
59-believes to be a victim of an improper use or disposal of 34
60-customer records, except that information made confidential and 35
61-exempt by paragraph (c) may not be released pursuant to this 36
62-subparagraph; or 37
63- 3. To another governmental entity in the furtherance of 38
64-its official duties and responsibilities. 39
65- (c) Upon completion of an investigation or once an 40
66-investigation ceases to be active , the following information 41
67-held by the department shall remain confidential and exempt from 42
68-s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 43
69- 1. Information that is otherwise confidential or exempt 44
70-from s. 119.07(1) and s. 24(a), Art. I of th e State 45
71-Constitution. 46
72- 2. Personal identifying information. 47
73- 3. A computer forensic report. 48
74- 4. Information that would otherwise reveal weaknesses in 49
75-the data security of an entity or person. 50
51+investigation is completed or ceases to be active. This 26
52+exemption shall be construed in conformity with s. 27
53+119.071(2)(c). 28
54+ (b) During an active investigation, information made 29
55+confidential and exempt pursuant to paragraph (a) may be 30
56+disclosed by the department: 31
57+ 1. In the furtherance of its official duties and 32
58+responsibilities; 33
59+ 2. For print, publication, or broadcast if the department 34
60+determines that such release would assist in notifying the 35
61+public or locating or identifying a person who the department 36
62+believes to be a victim of a data breach or an improper use or 37
63+disposal of customer records, except that information made 38
64+confidential and exempt by paragraph (c) may not be released 39
65+pursuant to this subparagraph; or 40
66+ 3. To another governmental entity in the furthera nce of 41
67+its official duties and responsibilities. 42
68+ (c) Upon completion of an investigation or once an 43
69+investigation ceases to be active, the following information 44
70+received by the department shall remain confidential and exempt 45
71+from s. 119.07(1) and s. 24(a ), Art. I of the State 46
72+Constitution: 47
73+ 1. All information to which another public records 48
74+exemption applies. 49
75+ 2. Personal information. 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- 5. Information that would disclose the proprietary 51
89-information of an entity or person. 52
90- (d) For purposes of this section, the term "proprietary 53
91-information" means information that: 54
92- 1. Is owned or controlled by the entity or person. 55
93- 2. Is intended to be private and is treated by the entity 56
94-or person as private because disclosure would harm the entity or 57
95-person or its business operations. 58
96- 3. Has not been disclosed except as required by law or a 59
97-private agreement that provides that the information may not be 60
98-released to the public. 61
99- 4. Is not publicly available or otherwise readily 62
100-ascertainable through proper means from another source in the 63
101-same configuration as received by the department. 64
102- 5. Reveals competitive interests, the disclosure of which 65
103-would impair the competitive advantage of the entity or person 66
104-who is the subject of the information. 67
105- (e) This subsection is subject to the Open Government 68
106-Sunset Review Act in accordance with s. 119.15 and shall stand 69
107-repealed on October 2, 2029, unless reviewed and saved from 70
108-repeal through reenactment by the Legislature. 71
109- Section 2. The Legislature finds that it is a public 72
110-necessity that all information held by the Department of Legal 73
111-Affairs pursuant to a notification of a violation of s. 501.174, 74
112-Florida Statutes, or an investigation of a violation of that 75
88+ 3. A computer forensic report. 51
89+ 4. Information that would otherwise reveal weaknesses in 52
90+the data security of the business operations of the entity or 53
91+person. 54
92+ 5. Information that would disclose the proprietary 55
93+information of the business operations of the entity or person. 56
94+ (d) For purposes of this subsection, the term "proprietary 57
95+information" means information th at: 58
96+ 1. Is owned or controlled by the entity or person. 59
97+ 2. Is intended to be private and is treated by the entity 60
98+or person as private because disclosure would harm the entity or 61
99+person. 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 defined in s. 688.002. 70
108+ b. Competitive interests, the disclosure of which would 71
109+impair the competitive advantage of the business operations of 72
110+the entity or person 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
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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-section, be made confidential and exempt from s. 119.07(1), 76
126-Florida Statutes, and s. 24(a), Article I of the State 77
127-Constitution for the following reasons: 78
128- (1) A notification of a violation of s. 501.174, Florida 79
129-Statutes, may result in an investigation of such violation. The 80
130-premature release of such information could frustrate or thwart 81
131-the investigation and impair the ability of the department to 82
132-effectively and efficiently administer s. 501.174, Florida 83
133-Statutes. In addition, relea se of such information before 84
134-completion of an active investigation could jeopardize the 85
135-ongoing investigation. 86
136- (2) Release of information that is otherwise confidential 87
137-or exempt from public records requirements once an investigation 88
138-is completed or ceases to be active would undo the specific 89
139-statutory exemption protecting that information; thus, 90
140-clarifying that any protections currently afforded to such 91
141-information are not removed. 92
142- (3) An investigation of a violation of s. 501.174, Florida 93
143-Statutes, is likely to result in the gathering of sensitive 94
144-personal identifying information, which could include 95
145-identification numbers, unique identifiers, professional or 96
146-employment-related information, and personal financial 97
147-information. Such information could be used for the purpose of 98
148-identity theft. The release of such information could subject 99
149-families to possible privacy violations, as it would reveal 100
125+repealed on October 2, 2029, unless reviewed and saved from 76
126+repeal through reenactment by the Legislature. 77
127+ Section 2. The Legislature finds that it is a publi c 78
128+necessity that all information received by the Department of 79
129+Legal Affairs pursuant to a notification of a violation of s. 80
130+501.174, Florida Statutes, or received by the department 81
131+pursuant to an investigation by the department or a law 82
132+enforcement agency of a violation of that section, be made 83
133+confidential and exempt from s. 119.07(1), Florida Statutes, and 84
134+s. 24(a), Article I of the State Constitution for the following 85
135+reasons: 86
136+ (1) A notification of a violation of s. 501.174, Florida 87
137+Statutes, may result in an investigation of such violation. The 88
138+premature release of such information could frustrate or thwart 89
139+the investigation and impair the ability of the department to 90
140+effectively and efficiently administer s. 501.174, Florida 91
141+Statutes. In addition, re lease of such information before 92
142+completion of an active investigation could jeopardize the 93
143+ongoing investigation. 94
144+ (2) Release of information to which another public records 95
145+exemption applies once an investigation 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. 501.174, Florida 99
149+Statutes, is likely to result in the gathering of sensitive 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-information of a sensitive personal nature. 101
163- (4) Notices received by the department and information 102
164-generated during an investigation of a violation of s. 501.174, 103
165-Florida Statutes, are likely to contain proprietary information. 104
166-Such information derives independent, economic value, actual or 105
167-potential, from being generally unknown to, and not readily 106
168-ascertainable by, other persons who might obtain economic value 107
169-from its disclosure or use. Allowing public access to 108
170-proprietary information through a public records request could 109
171-destroy the value of the proprietary information and cause a 110
172-financial loss to the ent ity or person. Release of such 111
173-information could give business competitors an unfair advantage. 112
174- (5) Information held by the department may contain a 113
175-computer forensic report or information that could reveal 114
176-weaknesses in the data security of an entity or person. The 115
177-release of this information could result in the identification 116
178-of vulnerabilities in the cybersecurity system of the entity or 117
179-person and be used to harm the entity or person and clients. 118
180- (6) The harm that may result from the release of 119
181-information held by the department pursuant to a notification or 120
182-investigation of a violation of s. 501.174, Florida Statutes, 121
183-could impair the effective and efficient administration of the 122
184-investigation and, thus, outweighs the public benefit that may 123
185-be derived from the disclosure of the information. 124
186- Section 3. This act shall take effect on the same date 125
162+personal information, including identification numbers, unique 101
163+identifiers, professional or employment -related information, and 102
164+personal financial information. Such information could be used 103
165+for the purpose of identity theft. The release of such 104
166+information could subject possible victims of data privacy 105
167+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. 501.174, 108
170+Florida Statutes, are likely to contain proprietary information. 109
171+Such information, including trade secrets, derives indepe ndent, 110
172+economic value, actual or potential, from being generally 111
173+unknown to, and not readily ascertainable by, other persons who 112
174+might obtain economic value from its disclosure or use. Allowing 113
175+public access to proprietary information, including a trade 114
176+secret, through a public records request could destroy the value 115
177+of the proprietary information and cause a financial loss to the 116
178+entity or person. Release of such information could give 117
179+business competitors an unfair advantage. 118
180+ (5) Information received by the department may contain a 119
181+computer forensic report or information that could reveal 120
182+weaknesses in the data security of the business operations of 121
183+the entity or person. The release of this information could 122
184+result in the identification of vulnerabilitie s in the 123
185+cybersecurity system of the business operations of the entity or 124
186+person and be used to harm the entity or person and clients. 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-that HB 1459 or similar legislation takes effect , if such 126
200-legislation is adopted in the same legislative session or an 127
201-extension thereof and become s a law. 128
199+ (6) The harm that may result from the release of 126
200+information received by the department pursuant to a 127
201+notification or investigation by the department or a law 128
202+enforcement agency of a violation of s. 501.174, Florida 129
203+Statutes, could impair the effective and efficient 130
204+administration of the investigation and thus, outweighs the 131
205+public benefit that may be derived from the disc losure of the 132
206+information. 133
207+ Section 3. This act shall take effect on the same date 134
208+that HB 1459 or similar legislation takes effect , if such 135
209+legislation is adopted in the same legislative session or an 136
210+extension thereof and becomes a law. 137