Florida 2024 Regular Session

Florida House Bill H7047 Latest Draft

Bill / Introduced Version Filed 01/19/2024

                               
 
HB 7047  	2024 
 
 
 
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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 a review under the Open Government 2 
Sunset Review Act; amending s. 119.0713, F.S., which 3 
provides exemptions from public records requirements 4 
for information related to the security of certain 5 
technology, processes, practices, information 6 
technology systems, and industrial control technology 7 
systems and certain customer meter -derived data and 8 
billing information held by a utility owned or 9 
operated by a unit of local government; extending the 10 
date of scheduled repeal of the public records 11 
exemptions for such information; removing the 12 
scheduled repeal of the public records exemption for 13 
such customer meter-derived data and billing 14 
information; amending s. 286.0113, F.S., which 15 
provides an exemption from public meetings 16 
requirements for portions of meetings held by a 17 
utility owned or operated by a unit of local 18 
government that would reveal certain information; 19 
extending the date of scheduled repeal o f the public 20 
meetings exemption; providing an effective date. 21 
 22 
Be It Enacted by the Legislature of the State of Florida: 23 
 24 
 Section 1.  Subsection (5) of section 119.0713, Florida 25     
 
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Statutes, is amended to read: 26 
 119.0713  Local government agency exempt ions from 27 
inspection or copying of public records. — 28 
 (5)(a)  The following information held by a utility owned 29 
or operated by a unit of local government is exempt from s. 30 
119.07(1) and s. 24(a), Art. I of the State Constitution: 31 
 1.  Information related to the security of the technology, 32 
processes, or practices of a utility owned or operated by a unit 33 
of local government that are designed to protect the utility's 34 
networks, computers, programs, and data from attack, damage, or 35 
unauthorized access, which info rmation, if disclosed, would 36 
facilitate the alteration, disclosure, or destruction of such 37 
data or information technology resources. 38 
 2.  Information related to the security of existing or 39 
proposed information technology systems or industrial control 40 
technology systems of a utility owned or operated by a unit of 41 
local government, which, if disclosed, would facilitate 42 
unauthorized access to, and alteration or destruction of, such 43 
systems in a manner that would adversely impact the safe and 44 
reliable operation of the systems and the utility. 45 
 3.  Customer meter-derived data and billing information in 46 
increments less than one billing cycle. 47 
 (b)  This exemption applies to such information held by a 48 
utility owned or operated by a unit of local government before, 49 
on, or after the effective date of this exemption. 50     
 
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 (c)  Subparagraphs (a)1. and 2. are This subsection is 51 
subject to the Open Government Sunset Review Act in accordance 52 
with s. 119.15 and shall stand repealed on October 2, 2027 2024, 53 
unless reviewed and s aved from repeal through reenactment by the 54 
Legislature. 55 
 Section 2.  Subsection (3) of section 286.0113, Florida 56 
Statutes, is amended to read: 57 
 286.0113  General exemptions from public meetings. — 58 
 (3)(a)  That portion of a meeting held by a utility owne d 59 
or operated by a unit of local government which would reveal 60 
information that is exempt under s. 119.0713(5) is exempt from 61 
s. 286.011 and s. 24(b), Art. I of the State Constitution. All 62 
exempt portions of such a meeting must be recorded and 63 
transcribed. The recording and transcript of the meeting are 64 
exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I 65 
of the State Constitution unless a court of competent 66 
jurisdiction, following an in camera review, determines that the 67 
meeting was not restricte d to the discussion of data and 68 
information made exempt by this section. In the event of such a 69 
judicial determination, only the portion of the recording or 70 
transcript which reveals nonexempt data and information may be 71 
disclosed to a third party. 72 
 (b)  This subsection is subject to the Open Government 73 
Sunset Review Act in accordance with s. 119.15 and shall stand 74 
repealed on October 2, 2027 2024, unless reviewed and saved from 75     
 
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repeal through reenactment by the Legislature. 76 
 Section 3.  This act shall take effect October 1, 2024. 77