Florida Senate - 2019                                    SB 7008
       By the Committee on Judiciary
       590-01172-19                                          20197008__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 501.171, F.S., which
    4         provides a public records exemption for information
    5         received by the Department of Legal Affairs pursuant
    6         to a notification of a security breach or during the
    7         course of an investigation of such breach; removing
    8         the scheduled repeal of the exemption; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (11) of section 501.171, Florida
   14  Statutes, is amended to read:
   15         501.171 Security of confidential personal information.—
   16         (11) PUBLIC RECORDS EXEMPTION.—
   17         (a) All information received by the department pursuant to
   18  a notification required by this section, or received by the
   19  department pursuant to an investigation by the department or a
   20  law enforcement agency, is confidential and exempt from s.
   21  119.07(1) and s. 24(a), Art. I of the State Constitution, until
   22  such time as the investigation is completed or ceases to be
   23  active. This exemption shall be construed in conformity with s.
   24  119.071(2)(c).
   25         (b) During an active investigation, information made
   26  confidential and exempt pursuant to paragraph (a) may be
   27  disclosed by the department:
   28         1. In the furtherance of its official duties and
   29  responsibilities;
   30         2. For print, publication, or broadcast if the department
   31  determines that such release would assist in notifying the
   32  public or locating or identifying a person that the department
   33  believes to be a victim of a data breach or improper disposal of
   34  customer records, except that information made confidential and
   35  exempt by paragraph (c) may not be released pursuant to this
   36  subparagraph; or
   37         3. To another governmental entity in the furtherance of its
   38  official duties and responsibilities.
   39         (c) Upon completion of an investigation or once an
   40  investigation ceases to be active, the following information
   41  received by the department shall remain confidential and exempt
   42  from s. 119.07(1) and s. 24(a), Art. I of the State
   43  Constitution:
   44         1. All information to which another public records
   45  exemption applies.
   46         2. Personal information.
   47         3. A computer forensic report.
   48         4. Information that would otherwise reveal weaknesses in a
   49  covered entity’s data security.
   50         5. Information that would disclose a covered entity’s
   51  proprietary information.
   52         (d) For purposes of this subsection, the term “proprietary
   53  information” means information that:
   54         1. Is owned or controlled by the covered entity.
   55         2. Is intended to be private and is treated by the covered
   56  entity as private because disclosure would harm the covered
   57  entity or its business operations.
   58         3. Has not been disclosed except as required by law or a
   59  private agreement that provides that the information will not be
   60  released to the public.
   61         4. Is not publicly available or otherwise readily
   62  ascertainable through proper means from another source in the
   63  same configuration as received by the department.
   64         5. Includes:
   65         a. Trade secrets as defined in s. 688.002.
   66         b. Competitive interests, the disclosure of which would
   67  impair the competitive business of the covered entity who is the
   68  subject of the information.
   69         (e) This subsection is subject to the Open Government
   70  Sunset Review Act in accordance with s. 119.15 and shall stand
   71  repealed on October 2, 2019, unless reviewed and saved from
   72  repeal through reenactment by the Legislature.
   73         Section 2. This act shall take effect October 1, 2019.