Florida Senate - 2014 SB 1338 By Senator Ring 29-01179-14 20141338__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 282.318, F.S.; creating an exemption from public 4 records requirements for information relating to the 5 detection or investigation of, or response to, 6 suspected or confirmed security incidents; providing 7 exceptions; providing for retroactive application of 8 the exemption; providing for future review and repeal 9 under the Open Government Sunset Review Act; providing 10 a statement of public necessity; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (i) of subsection (4) of section 16 282.318, Florida Statutes, is amended to read: 17 282.318 Enterprise security of data and information 18 technology.— 19 (4) To assist the Agency for Enterprise Information 20 Technology in carrying out its responsibilities, each agency 21 head shall, at a minimum: 22 (i) Develop a process for detecting, reporting, and 23 responding to suspected or confirmed security incidents, 24 including suspected or confirmed breaches consistent with the 25 security rules and guidelines established by the Agency for 26 Enterprise Information Technology. 27 1. Suspected or confirmed information security incidents 28 and breaches must be immediately reported to the Agency for 29 Enterprise Information Technology. 30 2. For incidents involving breaches, agencies shall provide 31 notice in accordance with s. 817.5681 and to the Agency for 32 Enterprise Information Technology in accordance with this 33 subsection. 34 3.a. Information relating to the detection, investigation, 35 or response to any suspected or confirmed security incidents, 36 including suspected or confirmed breaches, which, if disclosed, 37 could facilitate unauthorized access to or unauthorized 38 modification, disclosure, or destruction of data or information 39 technology resources is confidential and exempt from s. 40 119.07(1) and s. 24(a), Art. I of the State Constitution, except 41 that such information shall be available to the Auditor General 42 in performing his or her postauditing duties or to a law 43 enforcement agency in the performance of its official duties and 44 responsibilities. 45 b. This exemption applies to such information held by an 46 agency before, on, or after the effective date of this 47 exemption. 48 c. This subparagraph is subject to the Open Government 49 Sunset Review Act in accordance with s. 119.15 and shall stand 50 repealed on October 2, 2019, unless reviewed and saved from 51 repeal through reenactment by the Legislature. 52 Section 2. The Legislature finds that it is a public 53 necessity that information relating to the detection or 54 investigation of, or response to, suspected or confirmed 55 security incidents, including suspected or confirmed breaches, 56 which, if disclosed, could facilitate unauthorized access to or 57 unauthorized modification, disclosure, or destruction of data or 58 information technology resources be made confidential and exempt 59 from s. 119.07(1), Florida Statutes and s. 24(a), Article I of 60 the State Constitution. The exemption authorizes that such 61 information shall be available to the Auditor General in 62 performing his or her postauditing duties or to a law 63 enforcement agency in the performance of its official duties and 64 responsibilities. The disclosure of such information could 65 potentially compromise the confidentiality, integrity, and 66 availability of agency data and information technology resources 67 which would significantly impair the administration of 68 governmental programs. In addition, the release of such 69 information could result in the identification of other 70 vulnerabilities and further breaches of information technology 71 systems. The sensitive nature of such information necessitates 72 that this information be confidential and exempt from public 73 records requirements to ensure the protection of agency 74 technology, resources, and data. 75 Section 3. This act shall take effect upon becoming a law.