Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 971
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Bradley moved the following:
    1         Senate Amendment (with title amendment)
    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.
  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.