Florida Senate - 2016                                     SB 776
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-00683A-16                                            2016776__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0713, F.S.; creating a public records exemption
    4         for certain information relating to the information
    5         technology security of utility agencies subject to ch.
    6         119, F.S.; providing for future legislative review and
    7         repeal of the exemption; providing a statement of
    8         public necessity; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (5) is added to section 119.0713,
   13  Florida Statutes, to read:
   14         119.0713 Local government agency exemptions from inspection
   15  or copying of public records.—
   16         (5)(a) The following, relating to a utility agency that is
   17  subject to this chapter, is exempt from s. 119.07(1) and s.
   18  24(a), Art. I of the State Constitution:
   19         1. Information relating to the security of the utility
   20  agency’s technologies, processes, and practices designed to
   21  protect networks, computers, programs, and data from attack,
   22  damage, or unauthorized access which, if disclosed, could
   23  facilitate the alteration, disclosure, or destruction of data or
   24  information technology resources.
   25         2. Security information, whether physical or virtual,
   26  relating to the utility agency’s existing or proposed
   27  information technology systems or industrial control systems
   28  which, if disclosed, could affect security, economic security,
   29  public health or safety, or any combination thereof.
   30         3. Information that would disclose the identity of security
   31  firms used by the utility agency to secure and store data or
   32  provide information technology services.
   33         (b) This subsection is subject to the Open Government
   34  Sunset Review Act in accordance with s. 119.15, and shall stand
   35  repealed on October 2, 2021, unless reviewed and saved from
   36  repeal through reenactment by the Legislature.
   37         Section 2. (1) The Legislature finds that it is a public
   38  necessity that the following information, relating to a utility
   39  agency subject to chapter 119, Florida Statutes, be exempt from
   40  public records requirements:
   41         (a) Information relating to the security of the utility
   42  agency’s technologies, processes, and practices designed to
   43  protect networks, computers, programs, and data from attack,
   44  damage, or unauthorized access which, if disclosed, could
   45  facilitate the alteration, disclosure, or destruction of data or
   46  information technology resources.
   47         (b) Security information, whether in physical or virtual
   48  form, relating to the utility agency’s existing or proposed
   49  information technology systems or industrial control systems
   50  which, if disclosed, could affect security, economic security,
   51  public health or safety, or any combination thereof.
   52         (c) Information that would disclose the identity of
   53  security firms used by a utility agency to secure and store data
   54  or provide information technology services.
   55         (2) The cybersecurity of utility agencies has grown in
   56  importance as utilities have moved toward a more connected and
   57  integrated infrastructure. As more utility systems become
   58  interconnected with each other and with other sectors of the
   59  economy, the risk of cyberattacks continues to grow. Critical
   60  infrastructure for energy and utilities is vital to personal
   61  safety, economic growth, and national security. The release of
   62  sensitive information relating to the administration of a
   63  utility agency’s information technology security measures could
   64  result in the identification of vulnerabilities that could
   65  result in a security breach or otherwise negatively impact
   66  personal safety, economic growth, and national security. As a
   67  result, the Legislature finds that the public and private harm
   68  in disclosing the information made exempt by this act outweighs
   69  any public benefit derived from disclosure of such information.
   70  The protection of the information made exempt by this act will
   71  ensure that utility agencies have greater safeguards to protect
   72  against security threats and will bolster efforts to develop
   73  more resilient information technology systems.
   74         Section 3. This act shall take effect upon becoming a law.