Florida Senate - 2021 SB 1704 By Senator Broxson 1-01547-21 20211704__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 282.318, F.S.; expanding a public records exemption 4 for portions of records containing network schematics, 5 hardware and software configurations, or encryption to 6 include those records held by a county supervisor of 7 elections; providing for retroactive application; 8 providing a statement of public necessity; providing 9 an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsections (5) and (9) of section 282.318, 14 Florida Statutes, are amended, and subsections (8) and (10) of 15 that section are republished, to read: 16 282.318 Security of data and information technology.— 17 (5) Portions of records held by a state agency or a 18 supervisor of elections which contain network schematics, 19 hardware and software configurations, or encryption, or which 20 identify detection, investigation, or response practices for 21 suspected or confirmed information technology security 22 incidents, including suspected or confirmed breaches, are 23 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 24 of the State Constitution, if the disclosure of such records 25 would facilitate unauthorized access to or the unauthorized 26 modification, disclosure, or destruction of: 27 (a) Data or information, whether physical or virtual; or 28 (b) Information technology resources, which includes: 29 1. Information relating to the security of the agency’s 30 technologies, processes, and practices designed to protect 31 networks, computers, data processing software, and data from 32 attack, damage, or unauthorized access; or 33 2. Security information, whether physical or virtual, which 34 relates to the agency’s existing or proposed information 35 technology systems. 36 (8) The portions of records made confidential and exempt in 37 subsections (5), (6), and (7) shall be available to the Auditor 38 General, the Cybercrime Office of the Department of Law 39 Enforcement, the Florida Digital Service within the department, 40 and, for agencies under the jurisdiction of the Governor, the 41 Chief Inspector General. Such portions of records may be made 42 available to a local government, another state agency, or a 43 federal agency for information technology security purposes or 44 in furtherance of the state agency’s official duties. 45 (9) The exemptions contained in subsections (5), (6), and 46 (7) apply to records held by a state agency or a supervisor of 47 elections before, on, or after the effective date of this 48 exemption. 49 (10) Subsections (5), (6), and (7) are subject to the Open 50 Government Sunset Review Act in accordance with s. 119.15 and 51 shall stand repealed on October 2, 2025, unless reviewed and 52 saved from repeal through reenactment by the Legislature. 53 Section 2. The Legislature finds that it is a public 54 necessity that the portions of records of a supervisor of 55 elections which contain network schematics, hardware and 56 software configurations, or encryption, or which identify 57 detection, investigation, or response practices for suspected or 58 confirmed information technology security incidents, including 59 suspected or confirmed breaches, which could be used to 60 facilitate unauthorized access to or unauthorized modification, 61 disclosure, or destruction of virtual or physical data or 62 information or information technology resources be made 63 confidential and exempt from s. 119.07(1), Florida Statutes, and 64 s. 24(a), Article I of the State Constitution. Such information 65 could be used as a tool to influence elections, frustrate the 66 voting process, manipulate election results, or otherwise 67 interfere with the administration of elections. If such 68 information was released, it could result in an increase in 69 security breaches and fraud impacting the electoral process. For 70 these reasons, the Legislature finds that it is a public 71 necessity that such information be made confidential and exempt 72 from public records requirements. 73 Section 3. This act shall take effect upon becoming a law.