Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 776
Ì6468320Î646832
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/02/2016 .
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The Committee on Communications, Energy, and Public Utilities
(Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (15) is added to section 119.011,
6 Florida Statutes, to read:
7 119.011 Definitions.—As used in this chapter, the term:
8 (15) “Utility” means a person or entity that provides
9 electricity, natural gas, telecommunications, water, chilled
10 water, reuse water, or wastewater.
11 Section 2. Subsection (5) is added to section 119.0713,
12 Florida Statutes, to read:
13 119.0713 Local government agency exemptions from inspection
14 or copying of public records.—
15 (5)(a) The following information held by a utility owned or
16 operated by a unit of local government is exempt from s.
17 119.07(1) and s. 24(a), Art. I of the State Constitution:
18 1. Information related to the security of the technology,
19 processes, or practices of a utility owned or operated by a unit
20 of local government that are designed to protect the utility’s
21 networks, computers, programs, and data from attack, damage, or
22 unauthorized access, which information, if disclosed, would
23 facilitate the alteration, disclosure, or destruction of such
24 data or information technology resources.
25 2. Information, whether in physical or virtual form,
26 related to the security of existing or proposed information
27 technology systems or industrial control technology systems of a
28 utility owned or operated by a unit of local government, which,
29 if disclosed, would facilitate unauthorized access to, and
30 alteration or destruction of, such systems in a manner that
31 would adversely impact the safe and reliable operation of the
32 systems and the utility.
33 (b) This exemption applies to such information obtained
34 before, on, or after the effective date of this exemption.
35 (c) This subsection is subject to the Open Government
36 Sunset Review Act in accordance with s. 119.15 and shall stand
37 repealed on October 2, 2021, unless reviewed and saved from
38 repeal through reenactment by the Legislature.
39 Section 3. (1) The Legislature finds that, as utility
40 system infrastructure becomes more connected and integrated
41 through information and communications technology, the exposure
42 to damage from attacks through such technology continues to
43 grow. These attacks may result in the disruption of utility
44 services and damage to utility systems. Maintaining safe and
45 reliable utility systems is vital to protecting the public
46 health and safety and ensuring the economic well-being of the
47 state. Accordingly, many utilities have adopted technologies,
48 processes, and practices designed to secure data, information
49 technology systems, and industrial control technology systems.
50 Disclosure of sensitive information related to these security
51 measures could result in the identification of vulnerabilities
52 that allow a security breach that damages utility systems and
53 disrupts the safe and reliable operation of such systems,
54 adversely impacting the public health and safety and the
55 economic well-being of the state. Because of the interconnected
56 nature of utility systems, a security breach may also impact
57 national security concerns. As a result, the Legislature finds
58 that the public and private harm in disclosing the information
59 made exempt by this act outweighs any public benefit derived
60 from disclosure of such information. The protection of
61 information made exempt by this act will ensure that utilities
62 have greater safeguards to protect against security threats and
63 will bolster efforts to develop more resilient information
64 technology systems and industrial control technology systems.
65 (2) The Legislature finds that it is a public necessity
66 that the following information relating to a utility owned or
67 operated by a unit of local government be exempt from s.
68 119.07(1), Florida Statutes, and s. 24(a), Article I of the
69 State Constitution:
70 (a) Information related to the security of the technology,
71 processes, or practices of a utility owned or operated by a unit
72 of local government which are designed to protect the utility’s
73 networks, computers, programs, and data from attack, damage, or
74 unauthorized access, which information, if disclosed, would
75 facilitate the alteration, disclosure, or destruction of such
76 data or information technology resources.
77 (b) Information, whether in physical or virtual form,
78 related to the security of existing or proposed information
79 technology systems or industrial control technology systems of a
80 utility owned or operated by a unit of local government, which,
81 if disclosed, would facilitate unauthorized access to, and
82 alteration or destruction of, such systems in a manner that
83 would adversely impact the safe and reliable operation of the
84 systems and the utility.
85 Section 4. This act shall take effect upon becoming a law.
86
87 ================= T I T L E A M E N D M E N T ================
88 And the title is amended as follows:
89 Delete everything before the enacting clause
90 and insert:
91 A bill to be entitled
92 An act relating to public records; amending s.
93 119.011, F.S.; defining the term “utility”; amending
94 s. 119.0713, F.S.; providing an exemption from public
95 records requirements for information related to the
96 security of information technology systems or
97 industrial control technology systems of a utility
98 owned or operated by a unit of local government;
99 providing for retroactive application; providing for
100 future legislative review and repeal of the exemption;
101 providing a statement of public necessity; providing
102 an effective date.