Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 776
       
       
       
       
       
       
                                Ì639920*Î639920                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2016           .                                
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       The Committee on Governmental Oversight and Accountability
       (Hays) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 36 - 95
    4  and insert:
    5         2. Information related to the security of existing or
    6  proposed information technology systems or industrial control
    7  technology systems of a utility owned or operated by a unit of
    8  local government, which, if disclosed, would facilitate
    9  unauthorized access to, and alteration or destruction of, such
   10  systems in a manner that would adversely impact the safe and
   11  reliable operation of the systems and the utility.
   12         (b) This exemption applies to such information held by a
   13  utility owned or operated by a unit of local government before,
   14  on, or after the effective date of this exemption.
   15         (c) This subsection is subject to the Open Government
   16  Sunset Review Act in accordance with s. 119.15 and shall stand
   17  repealed on October 2, 2021, unless reviewed and saved from
   18  repeal through reenactment by the Legislature.
   19         Section 3. (1) The Legislature finds that it is a public
   20  necessity that the following information held by a utility owned
   21  or operated by a unit of local government be exempt from s.
   22  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   23  State Constitution:
   24         (a) Information related to the security of the technology,
   25  processes, or practices of a utility owned or operated by a unit
   26  of local government that are designed to protect the utility’s
   27  networks, computers, programs, and data from attack, damage, or
   28  unauthorized access, which information, if disclosed, would
   29  facilitate the alteration, disclosure, or destruction of such
   30  data or information technology resources.
   31         (b) Information related to the security of existing or
   32  proposed information technology systems or industrial control
   33  technology systems of a utility owned or operated by a unit of
   34  local government, which, if disclosed, would facilitate
   35  unauthorized access to, and alteration or destruction of, such
   36  systems in a manner that would adversely impact the safe and
   37  reliable operation of the systems and the utility.
   38         (2) The Legislature finds that, as utility system
   39  infrastructure becomes more connected and integrated through
   40  information and communications technology, the exposure to
   41  damage from attacks through such technology continues to grow.
   42  These attacks may result in the disruption of utility services
   43  and damage to utility systems. Maintaining safe and reliable
   44  utility systems is vital to protecting the public health and
   45  safety and ensuring the economic well-being of the state.
   46  Accordingly, many utilities have adopted technologies,
   47  processes, and practices designed to secure data, information
   48  technology systems, and industrial control technology systems.
   49  Disclosure of sensitive information related to these security
   50  measures could result in the identification of vulnerabilities
   51  that allow a security breach that damages utility systems and
   52  disrupts the safe and reliable operation of such systems,
   53  adversely impacting the public health and safety and the
   54  economic well-being of the state. Because of the interconnected
   55  nature of utility systems, a security breach may also impact
   56  national security concerns. As a result, the Legislature finds
   57  that the public and private harm in disclosing the information
   58  made exempt by this act outweighs any public benefit derived
   59  from disclosure of such information. The protection of
   60  information made exempt by this act will ensure that utilities
   61  have greater safeguards to protect against security threats and
   62  will bolster efforts to develop more resilient information
   63  technology systems and industrial control technology systems.
   64  For these reasons, the Legislature finds that is a public
   65  necessity to make such information exempt from public records
   66  requirements, and to provide for retroactive application of the
   67  public records exemption.