Florida Senate - 2019 (PROPOSED BILL) SPB 7008 FOR CONSIDERATION By the Committee on Judiciary 590-00946-19 20197008pb 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. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 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 Government70 Sunset Review Act in accordance with s. 119.15 and shall stand71 repealed on October 2, 2019, unless reviewed and saved from72 repeal through reenactment by the Legislature.73 Section 2. This act shall take effect October 1, 2019.