Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1880
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Rules (Broxson) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 202 - 265
    4  and insert:
    5  and exempt in order to protect the technology systems,
    6  resources, and data of the corporation. The Legislature further
    7  finds that this public records exemption be given retroactive
    8  application because it is remedial in nature.
    9         (2)(a) The Legislature also finds that it is a public
   10  necessity that portions of risk assessments, evaluations,
   11  audits, and other reports of the corporation’s information
   12  technology security program for its data, information, and
   13  information technology resources which are held by the
   14  corporation be made confidential and exempt from s. 119.07(1),
   15  Florida Statutes, and s. 24(a), Article I of the State
   16  Constitution if the disclosure of such portions of records would
   17  facilitate unauthorized access to or the unauthorized
   18  modification, disclosure, or destruction of:
   19         1. Data or information, whether physical or virtual; or
   20         2. Information technology resources, which include:
   21         a. Information relating to the security of the
   22  corporation’s technologies, processes, and practices designed to
   23  protect networks, computers, data processing software, and data
   24  from attack, damage, or unauthorized access; or
   25         b. Security information, whether physical or virtual, which
   26  relates to the corporation’s existing or proposed information
   27  technology systems.
   28         (b) The Legislature finds that it is valuable, prudent, and
   29  critical to the corporation to have an independent entity
   30  conduct a risk assessment, an audit, or an evaluation or
   31  complete a report of the corporation’s information technology
   32  program or related systems. Such documents would likely include
   33  an analysis of the corporation’s current information technology
   34  program or systems which could clearly identify vulnerabilities
   35  or gaps in current systems or processes and propose
   36  recommendations to remedy identified vulnerabilities.
   37         (3)(a) The Legislature further finds that it is a public
   38  necessity that those portions of a public meeting which could
   39  reveal information described in this section be made exempt from
   40  s. 286.011, Florida Statutes, and s. 24(b), Article I of the
   41  State Constitution. It is a public necessity that such meetings
   42  be made exempt from the open meetings requirements in order to
   43  protect the corporation’s information technology systems,
   44  resources, and data. The information disclosed during portions
   45  of meetings would clearly identify the corporation’s information
   46  technology systems and its vulnerabilities. This disclosure
   47  would jeopardize the information technology security of the
   48  corporation and compromise the integrity and availability of the
   49  corporation’s data and information technology resources.
   50         (b) The Legislature further finds that it is a public
   51  necessity that the recording and transcript of those portions of
   52  meetings specified in paragraph (a) be made confidential and
   53  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   54  Article I of the State Constitution unless a court determines
   55  that the meeting was not restricted to the discussion of data
   56  and information made confidential and exempt by this act. It is
   57  a public necessity that the resulting recordings and transcripts
   58  be made confidential and exempt from the public records
   59  requirements in order to protect the corporation’s information
   60  technology systems, resources, and data. The disclosure of such
   61  recordings and transcripts would clearly identify the
   62  corporation’s information technology systems and its
   63  vulnerabilities. This disclosure would jeopardize the
   64  information technology security of the corporation and
   65  compromise the integrity and availability of the corporation’s
   66  data and information technology resources.
   67         (c) The Legislature further finds that this public records
   68  exemption must be given retroactive