Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for CS for HB 971 Ì436096BÎ436096 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bradley moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (6) is added to section 501.177, 6 Florida Statutes, as created by HB 969, 2021 Regular Session, to 7 read: 8 501.177 Enforcement; Attorney General; preemption.— 9 (6)(a) All information received by the department pursuant 10 to a notification of a violation under this act, or received by 11 the department pursuant to an investigation by the department or 12 a law enforcement agency of a violation of this act, is 13 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 14 of the State Constitution until such time as the investigation 15 is completed or ceases to be active. This exemption shall be 16 construed in conformity with s. 119.071(2)(c). 17 (b) During an active investigation, information made 18 confidential and exempt pursuant to paragraph (a) may be 19 disclosed by the department: 20 1. In the furtherance of official duties and 21 responsibilities; 22 2. For print, publication, or broadcast if the department 23 determines that such release would assist in notifying the 24 public or locating or identifying a person the department 25 believes to be a victim of improper use or disposal of customer 26 records, except that information made confidential and exempt by 27 paragraph (c) may not be released pursuant to this subparagraph; 28 or 29 3. To another governmental entity in the furtherance of its 30 official duties and responsibilities. 31 (c) Upon completion of an investigation or once an 32 investigation ceases to be active, all of the following 33 information received by the department remains confidential and 34 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 35 Constitution: 36 1. All information to which another public records 37 exemption applies. 38 2. Personal information. 39 3. A computer forensic report. 40 4. Information that would otherwise reveal weaknesses in a 41 controller’s, processor’s, or person’s data security. 42 5. Information that would disclose a controller’s, 43 processor’s, or person’s proprietary information. 44 (d) For purposes of this subsection, the term “proprietary 45 information”: 46 1. Means information that: 47 a. Is owned or controlled by the controller, processor, or 48 person. 49 b. Is intended to be private and is treated by the 50 controller, processor, or person as private because disclosure 51 would harm the controller, processor, or person or its business 52 operations. 53 c. Has not been disclosed except as required by law or a 54 private agreement that provides that the information will not be 55 released to the public. 56 d. Is not publicly available or otherwise readily 57 ascertainable through proper means from another source in the 58 same configuration as received by the department. 59 2. Includes: 60 a. Trade secrets as defined in s. 688.002. 61 b. Competitive interests, the disclosure of which would 62 impair the competitive business of the controller, processor, or 63 person who is the subject of the information. 64 (e) This subsection is subject to the Open Government 65 Sunset Review Act in accordance with s. 119.15 and shall stand 66 repealed on October 2, 2028, unless reviewed and saved from 67 repeal through reenactment by the Legislature. 68 Section 2. The Legislature finds that it is a public 69 necessity that all information received by the Department of 70 Legal Affairs pursuant to a notification of a violation of this 71 act, or received by the department pursuant to an investigation 72 by the department or a law enforcement agency of a violation of 73 this act, be made confidential and exempt from s. 119.07(1), 74 Florida Statutes, and s. 24(a), Article I of the State 75 Constitution for the following reasons: 76 (1) A notification of a violation of this act may result in 77 an investigation of such violation. The premature release of 78 such information could frustrate or thwart the investigation and 79 impair the ability of the department to effectively and 80 efficiently administer its duties pursuant to s. 501.177, 81 Florida Statutes. In addition, release of such information 82 before completion of an active investigation could jeopardize 83 the ongoing investigation. 84 (2) The Legislature finds that it is a public necessity to 85 continue to protect from public disclosure all information to 86 which another public records exemption applies once an 87 investigation is completed or ceases to be active. Release of 88 such information by the department would undo the specific 89 statutory exemption protecting that information. 90 (3) An investigation of a violation of this act is likely 91 to result in the gathering of sensitive personal information, 92 including social security numbers, identification numbers, and 93 personal financial information. Such information could be used 94 for the purpose of identity theft. In addition, release of such 95 information could subject possible victims of data privacy 96 violations to further harm. 97 (4) Notices received by the department and information 98 received during an investigation of a violation of this act are 99 likely to contain proprietary information, including trade 100 secrets, about the security of the system. The release of the 101 proprietary information could result in the identification of 102 the system’s vulnerabilities, which could ultimately lead to the 103 improper access of personal information. In addition, a trade 104 secret derives independent, economic value, actual or potential, 105 from being generally unknown to, and not readily ascertainable 106 by, other persons who might obtain economic value from its 107 disclosure or use. Allowing public access to proprietary 108 information, including a trade secret, through a public records 109 request could destroy the value of the proprietary information 110 and cause a financial loss to the controller, processor, or 111 person submitting the information. Release of such information 112 could weaken the position of the entity supplying the 113 proprietary information in the marketplace. 114 Section 3. This act shall take effect on the same date that 115 HB 969 or similar legislation takes effect, if such legislation 116 is adopted in the same legislative session or an extension 117 thereof and becomes a law. 118 119 ================= T I T L E A M E N D M E N T ================ 120 And the title is amended as follows: 121 Delete everything before the enacting clause 122 and insert: 123 A bill to be entitled 124 An act relating to public records; amending s. 125 501.177, F.S.; providing an exemption from public 126 records requirements for information relating to 127 investigations by the Department of Legal Affairs and 128 law enforcement agencies of certain data privacy 129 violations; providing that certain information may be 130 disclosed by the department during active 131 investigations for specified purposes; defining the 132 term “proprietary information”; providing for future 133 legislative review and repeal of the exemption; 134 providing a statement of public necessity; providing a 135 contingent effective date.