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CS/HB 1377 — Pub. Rec./Investigations by the Department of Legal Affairs

by State Affairs Committee and Reps. Sirois and McFarland (SB 1790 by Senator Grall)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Judiciary Committee (JU)

The bill exempts from public records copying and inspection requirements certain information received by the Department of Legal Affairs in connection with its enforcement obligations under HB 1 or similar legislation during the 2024 Regular Session.

Specifically, the bill exempts, from the public records requirements in s. 119.07(1), F.S., and Art. I, s. 24(a), State Constitution, all information held by the department, either pursuant to a notification of violation of two new statutes created by HB 1 or pursuant to an investigation of a violation of these new statutes, until such time as the investigation is completed or ceases to be active. Section 501.1736, F.S., created by HB 1 prohibits regulated social media platforms from allowing children younger than 16 to have accounts with them. Section 501.1737, F.S., created by HB 1, requires commercial entities that publish material harmful to minors on a website to use age verification methods to prevent access to the materials by persons younger than 18 years of age.  

The bill provides that during an active investigation, certain information made confidential and exempt by the bill may be disclosed by the department. It also provides that upon completion of an investigation, or once an investigation ceases to be active, certain information held by the department must remain confidential and exempt from the public disclosure requirements, including the “proprietary information” of regulated social media platforms and commercial entities as defined in the bill.

These provisions were vetoed by the Governor on March 1, 2024.

Vote: Senate 27-9; House 115-0