Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 624
       
       
       
       
       
       
                                Ì237354/Î237354                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/01/2015           .                                
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       The Committee on Governmental Oversight and Accountability
       (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (i) of subsection (4) of section
    6  282.318, Florida Statutes, is amended, present subsection (5) of
    7  that section is renumbered as subsection (6), and a new
    8  subsection (5) is added to that section, to read:
    9         282.318 Security of data and information technology.—
   10         (4) Each state agency head shall, at a minimum:
   11         (i) Develop a process for detecting, reporting, and
   12  responding to threats, breaches, or information technology
   13  security incidents which is that are consistent with the
   14  security rules, guidelines, and processes established by the
   15  Agency for State Technology.
   16         1. All information technology security incidents and
   17  breaches must be reported to the Agency for State Technology.
   18         2. For information technology security breaches, state
   19  agencies shall provide notice in accordance with s. 501.171.
   20         3. Records held by a state agency which identify detection,
   21  investigation, or response practices for suspected or confirmed
   22  information technology security incidents, including suspected
   23  or confirmed breaches, are confidential and exempt from s.
   24  119.07(1) and s. 24(a), Art. I of the State Constitution, if the
   25  disclosure of such records would facilitate unauthorized access
   26  to or the unauthorized modification, disclosure, or destruction
   27  of:
   28         a. Data or information, whether physical or virtual; or
   29         b. Information technology resources, which includes:
   30         (I) Information relating to the security of the agency’s
   31  technologies, processes, and practices designed to protect
   32  networks, computers, data processing software, and data from
   33  attack, damage, or unauthorized access; or
   34         (II) Security information, whether physical or virtual,
   35  which relates to the agency’s existing or proposed information
   36  technology systems.
   37  
   38  Such records shall be available to the Auditor General, the
   39  Agency for State Technology, the Cybercrime Office of the
   40  Department of Law Enforcement, and, for state agencies under the
   41  jurisdiction of the Governor, the Chief Inspector General. Such
   42  records may be made available to a local government, another
   43  state agency, or a federal agency for information technology
   44  security purposes or in furtherance of the state agency’s
   45  official duties. This exemption applies to such records held by
   46  a state agency before, on, or after the effective date of this
   47  exemption. This subparagraph is subject to the Open Government
   48  Sunset Review Act in accordance with s. 119.15 and shall stand
   49  repealed on October 2, 2021, unless reviewed and saved from
   50  repeal through reenactment by the Legislature.
   51         (5)The portions of risk assessments, evaluations, external
   52  audits, and other reports of a state agency’s information
   53  technology security program for the data, information, and
   54  information technology resources of the state agency which are
   55  held by a state agency are confidential and exempt from s.
   56  119.07(1) and s. 24(a), Art. I of the State Constitution if the
   57  disclosure of such portions of records would facilitate
   58  unauthorized modification, disclosure, or destruction of:
   59         (a) Data or information, whether physical or virtual; or
   60         (b) Information technology resources, which include:
   61         1. Information relating to the security of the agency’s
   62  technologies, processes, and practices designed to protect
   63  networks, computers, data processing software, and data from
   64  attack, damage, or unauthorized access; or
   65         2. Security information, whether physical or virtual, which
   66  relates to the agency’s existing or proposed information
   67  technology systems.
   68  
   69  Such portions of records shall be available to the Auditor
   70  General, the Cybercrime Office of the Department of Law
   71  Enforcement, the Agency for State Technology, and, for agencies
   72  under the jurisdiction of the Governor, the Chief Inspector
   73  General. Such portions of records may be made available to a
   74  local government, another state agency, or a federal agency for
   75  information technology security purposes or in furtherance of
   76  the state agency’s official duties. For purposes of this
   77  subsection, “external audit” means an audit that is conducted by
   78  an entity other than the state agency that is the subject of the
   79  audit. This exemption applies to such records held by a state
   80  agency before, on, or after the effective date of this
   81  exemption. This subsection is subject to the Open Government
   82  Sunset Review Act in accordance with s. 119.15 and shall stand
   83  repealed on October 2, 2021, unless reviewed and saved from
   84  repeal through reenactment by the Legislature.
   85         Section 2. (1)(a) The Legislature finds that it is a public
   86  necessity that public records held by a state agency which
   87  identify detection, investigation, or response practices for
   88  suspected or confirmed information technology security
   89  incidents, including suspected or confirmed breaches, be made
   90  confidential and exempt from s. 119.07(1), Florida Statutes, and
   91  s. 24(a), Article I of the State Constitution if the disclosure
   92  of such records would facilitate unauthorized access to or the
   93  unauthorized modification, disclosure, or destruction of:
   94         1. Data or information, whether physical or virtual; or
   95         2. Information technology resources, which includes:
   96         a. Information relating to the security of the agency’s
   97  technologies, processes, and practices designed to protect
   98  networks, computers, data processing software, and data from
   99  attack, damage, or unauthorized access; or
  100         b. Security information, whether physical or virtual, which
  101  relates to the agency’s existing or proposed information
  102  technology systems.
  103         (b) Such records shall be made confidential and exempt for
  104  the following reasons:
  105         1. Records held by a state agency which identify
  106  information technology detection, investigation, or response
  107  practices for suspected or confirmed information technology
  108  incidents or breaches are likely to be used in the investigation
  109  of the incident or breach. The release of such information could
  110  impede the investigation and impair the ability of reviewing
  111  entities to effectively and efficiently execute their
  112  investigative duties. In addition, the release of such
  113  information before completion of an active investigation could
  114  jeopardize the ongoing investigation.
  115         2.An investigation of an information technology security
  116  incident or breach is likely to result in the gathering of
  117  sensitive personal information, including identification numbers
  118  and personal financial and health information not otherwise
  119  exempt or confidential and exempt from public records
  120  requirements under any other law. Such information could be used
  121  for the purpose of identity theft or other crimes. In addition,
  122  release of such information could subject possible victims of
  123  the incident or breach to further harm.
  124         3. Disclosure of a risk assessment or evaluation, including
  125  computer forensic analysis, or other information that would
  126  reveal weaknesses in a state agency’s data security could
  127  compromise the future security of that agency or other entities
  128  if such information were available upon conclusion of an
  129  investigation or once an investigation ceased to be active. The
  130  disclosure of such a report or information could compromise the
  131  security of state agencies and make those state agencies
  132  susceptible to future data incidents or breaches.
  133         4. Such records are likely to contain proprietary
  134  information about the security of the system at issue. The
  135  disclosure of such information could result in the
  136  identification of vulnerabilities and further breaches of that
  137  system. In addition, the release of such information could give
  138  business competitors an unfair advantage and weaken the position
  139  of the entity supplying the proprietary information in the
  140  marketplace.
  141         5.The disclosure of such records could potentially
  142  compromise the confidentiality, integrity, and availability of
  143  state agency data and information technology resources, which
  144  would significantly impair the administration of vital
  145  governmental programs. It is necessary that this information be
  146  made confidential in order to protect the technology systems,
  147  resources, and data of state agencies. The Legislature further
  148  finds that this public records exemption be given retroactive
  149  application because it is remedial in nature.
  150         (2)(a) The Legislature also finds that it is a public
  151  necessity that portions of risk assessments, evaluations,
  152  external audits, and other reports of a state agency’s
  153  information technology security program for the data,
  154  information, and information technology resources of the state
  155  agency which are held by a state agency be made confidential and
  156  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  157  Article I of the State Constitution if the disclosure of such
  158  portions of records would facilitate unauthorized access to or
  159  the unauthorized modification, disclosure, or destruction of:
  160         1. Data or information, whether physical or virtual; or
  161         2. Information technology resources, which includes:
  162         a. Information relating to the security of the agency’s
  163  technologies, processes, and practices designed to protect
  164  networks, computers, data processing software, and data from
  165  attack, damage, or unauthorized access; or
  166         b. Security information, whether physical or virtual, which
  167  relates to the agency’s existing or proposed information
  168  technology systems.
  169         (b) The Legislature finds that it may be valuable, prudent,
  170  or critical to a state agency to have an independent entity
  171  conduct a risk assessment, an audit, or an evaluation or
  172  complete a report of the state agency’s information technology
  173  program or related systems. Such documents would likely include
  174  an analysis of the state agency’s current information technology
  175  program or systems which could clearly identify vulnerabilities
  176  or gaps in current systems or processes and propose
  177  recommendations to remedy identified vulnerabilities. The
  178  disclosure of such portions of records would jeopardize the
  179  information technology security of the state agency, and
  180  compromise the integrity and availability of agency data and
  181  information technology resources, which would significantly
  182  impair the administration of governmental programs. It is
  183  necessary that such portions of records be made confidential and
  184  exempt from public records requirements in order to protect
  185  agency technology systems, resources, and data. The Legislature
  186  further finds that this public records exemption shall be given
  187  retroactive application because it is remedial in nature.
  188         Section 3. This act shall take effect upon becoming a law.
  189  
  190  ================= T I T L E  A M E N D M E N T ================
  191  And the title is amended as follows:
  192         Delete everything before the enacting clause
  193  and insert:
  194                        A bill to be entitled                      
  195         An act relating to public records; amending s.
  196         282.318, F.S.; creating exemptions from public records
  197         requirements for certain records held by a state
  198         agency which identify detection, investigation, or
  199         response practices for suspected or confirmed
  200         information technology security incidents and for
  201         certain portions of risk assessments, evaluations,
  202         external audits, and other reports of a state agency’s
  203         information technology program; authorizing disclosure
  204         of confidential and exempt information to certain
  205         agencies and officers; providing for retroactive
  206         application; providing for future legislative review
  207         and repeal of the exemptions; providing statements of
  208         public necessity; providing an effective date.