FL
Florida House Bill H1491

Florida 2024 Regular Session

Florida House Bill H1491 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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14- 1
14+A bill to be entitled 1
1515 An act relating to public records; amending s. 2
16-501.1736, F.S.; providing an exemption from public 3
16+501.1737, F.S.; providing an exemption from public 3
1717 records requirements for information relating to 4
1818 investigations by the Department of Legal Affairs of 5
19-certain social media violations; authorizing the 6
19+certain age verification violations; authorizing the 6
2020 department to disclose such information for specified 7
21-purposes; defining the term "proprietary information"; 8
22-providing for future legislative review and repeal of 9
23-the exemption; providing a statement of public 10
24-necessity; amending s. 501.1737, F.S.; providing an 11
25-exemption from public records requirements for 12
26-information relating to investigations by the 13
27-department of certain age verification violations; 14
28-authorizing the department to disclose such 15
29-information for specified purposes; defining the term 16
30-"proprietary information"; providing for future 17
31-legislative review and repeal of the exemption; 18
32-providing a statement of public necessity; providing a 19
33-contingent effective date. 20
34- 21
35-Be It Enacted by the Legislature of the State of Florida: 22
36- 23
37- Section 1. Present subsection (11) of section 501.1736, 24
38-Florida Statutes, as created by HB 3 or similar legislation, 25
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21+purposes; providing a definition; providing for future 8
22+legislative review and repeal of the exemption; 9
23+providing a statement of public necessity; providing a 10
24+contingent effective date. 11
25+ 12
26+Be It Enacted by the Legislature of the State of Florida: 13
27+ 14
28+ Section 1. Subsection (8) of section 501.1737, Florida 15
29+Statutes, as created by HB 3 or similar legislation, 2024 16
30+Regular Session, is renumbered as subsection (9), and a new 17
31+subsection (8) is added to that section, to read: 18
32+ 501.1737 Age verification for online access to materials 19
33+harmful to minors.— 20
34+ (8)(a) All information held by the department pursuant to 21
35+a notification of a violation under this section or an 22
36+investigation of a violation of this section is confidential and 23
37+exempt from s. 119.07(1) and s. 24(a), Art. I of the State 24
38+Constitution, until such time as the investigation is completed 25
39+
40+CS/CS/HB 1491 2024
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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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51-2024 Regular Session, is redesignated as subsection (12), and a 26
52-new subsection (11) is added to that section, to read: 27
53- 501.1736 Social media use for minors. — 28
54- (11)(a) All information held by the department pursuant to 29
55-a notification of a violation of this section or an 30
56-investigation of a violation of this section is confidential and 31
57-exempt from s. 119.07(1) and s. 24(a), Art. I of the State 32
58-Constitution, until such time as the investigation is completed 33
59-or ceases to be active. This exemption shall be construed in 34
60-conformity with s. 119.071(2)(c). 35
61- (b) During an active investigat ion, information made 36
62-confidential and exempt pursuant to paragraph (a) may be 37
63-disclosed by the department: 38
64- 1. In the furtherance of its official duties and 39
65-responsibilities; 40
66- 2. For print, publication, or broadcast if the department 41
67-determines that such release would assist in notifying the 42
68-public or locating or identifying a person that the department 43
69-believes to be a victim of an improper use or disposal of 44
70-customer records, except that information made confidential and 45
71-exempt by paragraph (c) may not be released pursuant to this 46
72-subparagraph; or 47
73- 3. To another governmental entity in the furtherance of 48
74-its official duties and responsibilities. 49
75- (c) Upon completion of an investigation or once an 50
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51+or ceases to be acti ve. This exemption shall be construed in 26
52+conformity with s. 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 broadcast if the department 33
59+determines that such release would assist in notifying the 34
60+public or locating or identifying a person who the department 35
61+believes to be a victim of an improper use or disposal of 36
62+customer records, except that information made confidential and 37
63+exempt by paragraph (c) may not be released pursuant to this 38
64+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+held by the department shall remain confidential and exempt from 44
70+s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 45
71+ 1. Information that is otherwise confidential or exempt 46
72+from s. 119.07(1) or s. 24(a), Art. I of the State Constitution. 47
73+ 2. Personal identifying information. 48
74+ 3. A computer forensic report. 49
75+ 4. Information that would otherwise reveal weaknesses in 50
76+
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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-investigation ceases to be active, the following informa tion 51
89-held by the department shall remain confidential and exempt from 52
90-s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 53
91- 1. Information that is otherwise confidential or exempt 54
92-from s. 119.07(1) and s. 24(a), Art. I of the State 55
93-Constitution. 56
94- 2. Personal identifying information. 57
95- 3. A computer forensic report. 58
96- 4. Information that would otherwise reveal weaknesses in 59
97-the data security of a social media platform. 60
98- 5. Information that would disclose the proprietary 61
99-information of a social media platform. 62
100- (d) For purposes of this section, the term "proprietary 63
101-information" means information that: 64
102- 1. Is owned or controlled by the social media platform. 65
103- 2. Is intended to be private and is treated by the social 66
104-media platform as private b ecause disclosure would harm the 67
105-social media platform or its business operations. 68
106- 3. Has not been disclosed except as required by law or a 69
107-private agreement that provides that the information will not be 70
108-released to the public. 71
109- 4. Is not publicly avai lable or otherwise readily 72
110-ascertainable through proper means from another source in the 73
111-same configuration as received by the department. 74
112- 5. Reveals competitive interests, the disclosure of which 75
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88+the data security of the commercial entity. 51
89+ 5. Information that would disclose the proprietary 52
90+information of the commercial entity. 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 commercial entity. 56
94+ 2. Is intended to be private and is treated by the 57
95+commercial entity as private because disclosure would harm the 58
96+commercial entity or its business operations. 59
97+ 3. Has not been disclosed except as required by law or a 60
98+private agreement that provides that the information will not be 61
99+released to the public. 62
100+ 4. Is not publicly available or otherwise readily 63
101+ascertainable through proper means from another source in the 64
102+same configuration as received by the department. 65
103+ 5. Reveals competitive interests, the disclosure of which 66
104+would impair the competitive advantage of the commercial entity 67
105+who is the subject of the information. 68
106+ (e) This subsection is subject to the Open Government 69
107+Sunset Review Act in accordance with s. 119.15 and shall stand 70
108+repealed on October 2, 2029, unless reviewed and saved from 71
109+repeal through reenactment by the Legislature. 72
110+ Section 2. The Legislature finds that it is a public 73
111+necessity that all information held by the Department of Legal 74
112+Affairs pursuant to a notification of a violation of s. 75
113+
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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-would impair the competitive advantage of the social medi a 76
126-platform that is the subject of the information. 77
127- (e) This subsection is subject to the Open Government 78
128-Sunset Review Act in accordance with s. 119.15 and shall stand 79
129-repealed on October 2, 2029, unless reviewed and saved from 80
130-repeal through reenactment by the Legislature. 81
131- Section 2. The Legislature finds that it is a public 82
132-necessity that all information held by the Department of Legal 83
133-Affairs pursuant to a notification of a violation of s. 84
134-501.1736, Florida Statutes, or an investigation of a violat ion 85
135-of that section, be made confidential and exempt from s. 86
136-119.07(1), Florida Statutes, and s. 24(a), Article I of the 87
137-State Constitution for the following reasons: 88
138- (1) A notification of a violation of s. 501.1736, Florida 89
139-Statutes, may result in an in vestigation of such violation. The 90
140-premature release of such information could frustrate or thwart 91
141-the investigation and impair the ability of the department to 92
142-effectively and efficiently administer s. 501.1736, Florida 93
143-Statutes. In addition, release of s uch information before 94
144-completion of an active investigation could jeopardize the 95
145-ongoing investigation. 96
146- (2) Release of information that is otherwise confidential 97
147-or exempt from public records requirements once an investigation 98
148-is completed or ceases to be active would undo the specific 99
149-statutory exemption protecting that information, thus clarifying 100
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125+501.1737, Florida Statutes, or an investigation of a violation 76
126+of that section, be made confidential and exempt from s. 77
127+119.07(1), Florida Statutes, and s. 24(a), Article I of the 78
128+State Constitution for the following reaso ns: 79
129+ (1) A notification of a violation of s. 501.1737, Florida 80
130+Statutes, may result in an investigation of such violation. The 81
131+premature release of such information could frustrate or thwart 82
132+the investigation and impair the ability of the department to 83
133+effectively and efficiently administer s. 501.1737, Florida 84
134+Statutes. In addition, release of such information before 85
135+completion of an active investigation could jeopardize the 86
136+ongoing investigation. 87
137+ (2) Release of information that is otherwise confidentia l 88
138+or exempt from public records requirements once an investigation 89
139+is completed or ceases to be active would undo the specific 90
140+statutory exemption protecting that information; thus, 91
141+clarifying that any protections currently afforded to that 92
142+information are not removed. 93
143+ (3) An investigation of a violation of s. 501.1737, 94
144+Florida Statutes, is likely to result in the gathering of 95
145+sensitive personal identifying information, which could include 96
146+identification numbers, unique identifiers, professional or 97
147+employment-related information, and personal financial 98
148+information. Such information could be used for the purpose of 99
149+identity theft. The release of such information could subject 100
150+
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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-that any protections currently afforded to such information are 101
163-not removed. 102
164- (3) An investigation of a violation of s. 501.1736, 103
165-Florida Statutes, is likel y to result in the gathering of 104
166-sensitive personal identifying information, which could include 105
167-identification numbers, unique identifiers, professional or 106
168-employment-related information, and personal financial 107
169-information. Such information could be used f or the purpose of 108
170-identity theft. The release of such information could subject 109
171-families to possible privacy violations, as it would reveal 110
172-information of a sensitive personal nature. 111
173- (4) Notices received by the department and information 112
174-generated during an investigation of a violation of s. 501.1736, 113
175-Florida Statutes, are likely to contain proprietary information. 114
176-Such information derives independent, economic value, actual or 115
177-potential, from being generally unknown to, and not readily 116
178-ascertainable by, other persons who might obtain economic value 117
179-from its disclosure or use. Allowing public access to 118
180-proprietary information through a public records request could 119
181-destroy the value of the proprietary information and cause a 120
182-financial loss to the social me dia platform. Release of such 121
183-information could give business competitors an unfair advantage. 122
184- (5) Information held by the department may contain a 123
185-computer forensic report or information that could reveal 124
186-weaknesses in the data security of a social medi a platform. The 125
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162+individuals to possible privacy violations, as it would reveal 101
163+information of a sensitive personal nature. 102
164+ (4) Notices received by the department and information 103
165+generated during an investigation of a violation of s. 501.1737, 104
166+Florida Statutes, are likely to contain proprietary information. 105
167+Such information derives independent, econom ic value, actual or 106
168+potential, from being generally unknown to, and not readily 107
169+ascertainable by, other persons who might obtain economic value 108
170+from its disclosure or use. Allowing public access to 109
171+proprietary information through a public records request c ould 110
172+destroy the value of the proprietary information and cause a 111
173+financial loss to the commercial entity. Release of such 112
174+information could give business competitors an unfair advantage. 113
175+ (5) Information held by the department may contain a 114
176+computer forensic report or information that could reveal 115
177+weaknesses in the data security of the commercial entity. The 116
178+release of this information could result in the identification 117
179+of vulnerabilities in the cybersecurity system of the commercial 118
180+entity and be used to harm the commercial entity and clients. 119
181+ (6) The harm that may result from the release of 120
182+information held by the department pursuant to a notification or 121
183+investigation by the department of a violation of s. 501.1737, 122
184+Florida Statutes, could impair the e ffective and efficient 123
185+administration of the investigation and thus, outweighs the 124
186+public benefit that may be derived from the disclosure of the 125
187+
188+CS/CS/HB 1491 2024
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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-release of this information could result in the identification 126
200-of vulnerabilities in the cybersecurity system of the social 127
201-media platform and be used to harm the social media platform and 128
202-its clients. 129
203- (6) The harm that may result from th e release of 130
204-information held by the department pursuant to a notification or 131
205-investigation of a violation of s. 501.1736, Florida Statutes, 132
206-could impair the effective and efficient administration of the 133
207-investigation and thus outweighs the public benefit that may be 134
208-derived from the disclosure of the information. 135
209- Section 3. Present subsection (9) of section 501.1737, 136
210-Florida Statutes, as created by HB 3 or similar legislation, 137
211-2024 Regular Session, is redesignated as subsection (10), and a 138
212-new subsection (9) is added to that section, to read: 139
213- 501.1737 Age verification for online access to materials 140
214-harmful to minors.— 141
215- (9)(a) All information held by the department pursuant to 142
216-a notification of a violation of this section or an 143
217-investigation of a viol ation of this section is confidential and 144
218-exempt from s. 119.07(1) and s. 24(a), Art. I of the State 145
219-Constitution, until such time as the investigation is completed 146
220-or ceases to be active. This exemption shall be construed in 147
221-conformity with s. 119.071(2)( c). 148
222- (b) During an active investigation, information made 149
223-confidential and exempt pursuant to paragraph (a) may be 150
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232-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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234-
235-
236-disclosed by the department: 151
237- 1. In the furtherance of its official duties and 152
238-responsibilities; 153
239- 2. For print, publication, or broadcast if the department 154
240-determines that such release would assist in notifying the 155
241-public or locating or identifying a person whom the department 156
242-believes to be a victim of an improper use or disposal of 157
243-customer records, except that information made confidentia l and 158
244-exempt by paragraph (c) may not be released pursuant to this 159
245-subparagraph; or 160
246- 3. To another governmental entity in the furtherance of 161
247-its official duties and responsibilities. 162
248- (c) Upon completion of an investigation or once an 163
249-investigation ceases to be active, the following information 164
250-held by the department shall remain confidential and exempt from 165
251-s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 166
252- 1. Information that is otherwise confidential or exempt 167
253-from s. 119.07(1) or s. 24(a), Art. I of the State Constitution. 168
254- 2. Personal identifying information. 169
255- 3. A computer forensic report. 170
256- 4. Information that would otherwise reveal weaknesses in 171
257-the data security of the commercial entity. 172
258- 5. Information that would disclose the proprietary 173
259-information of the commercial entity. 174
260- (d) For purposes of this subsection, the term "proprietary 175
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269-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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271-
272-
273-information" means information that: 176
274- 1. Is owned or controlled by the commercial entity. 177
275- 2. Is intended to be private and is treated by the 178
276-commercial entity as private because disclosure would harm the 179
277-commercial entity or its business operations. 180
278- 3. Has not been disclosed except as required by law or a 181
279-private agreement that provides that the information will not be 182
280-released to the public. 183
281- 4. Is not publicly available or otherwise readily 184
282-ascertainable through proper means from another source in the 185
283-same configuration as received by the department. 186
284- 5. Reveals competitive interests, the disclosure of which 187
285-would impair the competitive ad vantage of the commercial entity 188
286-that is the subject of the information. 189
287- (e) This subsection is subject to the Open Government 190
288-Sunset Review Act in accordance with s. 119.15 and shall stand 191
289-repealed on October 2, 2029, unless reviewed and saved from 192
290-repeal through reenactment by the Legislature. 193
291- Section 4. The Legislature finds that it is a public 194
292-necessity that all information held by the Department of Legal 195
293-Affairs pursuant to a notification of a violation of s. 196
294-501.1737, Florida Statutes, or an inv estigation of a violation 197
295-of that section, be made confidential and exempt from s. 198
296-119.07(1), Florida Statutes, and s. 24(a), Article I of the 199
297-State Constitution for the following reasons: 200
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306-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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308-
309-
310- (1) A notification of a violation of s. 501.1737, Florida 201
311-Statutes, may result in an investigation of such violation. The 202
312-premature release of such information could frustrate or thwart 203
313-the investigation and impair the ability of the department to 204
314-effectively and efficiently administer s. 501.1737, Florida 205
315-Statutes. In addition, release of such information before 206
316-completion of an active investigation could jeopardize the 207
317-ongoing investigation. 208
318- (2) Release of information that is otherwise confidential 209
319-or exempt from public records requirements once an investigation 210
320-is completed or ceases to be active would undo the specific 211
321-statutory exemption protecting that information, thus clarifying 212
322-that any protections currently afforded to that information are 213
323-not removed. 214
324- (3) An investigation of a violation of s. 501.1737, 215
325-Florida Statutes, is likely to result in the gathering of 216
326-sensitive personal identifying information, which could include 217
327-identification numbers, unique identifiers, professional or 218
328-employment-related information, and personal financial 219
329-information. Such infor mation could be used for the purpose of 220
330-identity theft. The release of such information could subject 221
331-individuals to possible privacy violations, as it would reveal 222
332-information of a sensitive personal nature. 223
333- (4) Notices received by the department and in formation 224
334-generated during an investigation of a violation of s. 501.1737, 225
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343-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
344-
345-
346-
347-Florida Statutes, are likely to contain proprietary information. 226
348-Such information derives independent, economic value, actual or 227
349-potential, from being generally unknown to, and not readily 228
350-ascertainable by, other persons who might obtain economic value 229
351-from its disclosure or use. Allowing public access to 230
352-proprietary information through a public records request could 231
353-destroy the value of the proprietary information and cause a 232
354-financial loss to the commercial entity. Release of such 233
355-information could give business competitors an unfair advantage. 234
356- (5) Information held by the department may contain a 235
357-computer forensic report or information that could reveal 236
358-weaknesses in the data secu rity of the commercial entity. The 237
359-release of this information could result in the identification 238
360-of vulnerabilities in the cybersecurity system of the commercial 239
361-entity and be used to harm the commercial entity and its 240
362-clients. 241
363- (6) The harm that may res ult from the release of 242
364-information held by the department pursuant to a notification or 243
365-investigation by the department of a violation of s. 501.1737, 244
366-Florida Statutes, could impair the effective and efficient 245
367-administration of the investigation and thus outweighs the 246
368-public benefit that may be derived from the disclosure of the 247
369-information. 248
370- Section 5. This act shall take effect on the same date 249
371-that HB 3 or similar legislation takes effect, if such 250
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384-legislation is adopted in the same legislative sessio n or an 251
385-extension thereof and becomes a law . 252
199+information. 126
200+ Section 3. This act shall take effect on the same date 127
201+that HB 3 or similar legislation takes effect, if such 128
202+legislation is adopted in the same legislative session or an 129
203+extension thereof and becomes a law. 130