Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 450
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Governmental Oversight and Accountability
       (Gibson) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) is added to section 286.0113,
    6  Florida Statutes, to read:
    7         286.0113 General exemptions from public meetings.—
    8         (3)(a) That portion of a meeting held by a utility owned or
    9  operated by a unit of local government which would reveal
   10  information that is exempt under s. 119.0713(5) is exempt from
   11  s. 286.011 and s. 24(b), Art. I of the State Constitution. All
   12  exempt portions of such a meeting must be recorded and
   13  transcribed. The recording and transcript of the meeting are
   14  exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I
   15  of the State Constitution unless a court of competent
   16  jurisdiction, following an in-camera review, determines that the
   17  meeting was not restricted to the discussion of data and
   18  information made exempt by this section. In the event of such a
   19  judicial determination, only the portion of the recording or
   20  transcript which reveals nonexempt data and information may be
   21  disclosed to a third party.
   22         (b) This subsection is subject to the Open Government
   23  Sunset Review Act in accordance with s. 119.15 and shall stand
   24  repealed on October 2, 2024, unless reviewed and saved from
   25  repeal through reenactment by the Legislature.
   26         Section 2. (1) The Legislature finds that it is a public
   27  necessity that the portion of a meeting relating directly to or
   28  that would reveal the following information, which is exempt
   29  under s. 119.0713(5), Florida Statutes, be made exempt from s.
   30  286.011, Florida Statutes, and s. 24(b), Article I of the State
   31  Constitution and that the recording and transcript of such a
   32  meeting be made exempt from disclosure under s. 119.07(1) and s.
   33  24(a), Art. I of the State Constitution:
   34         (a) Information related to the security of the technology,
   35  processes, or practices of the utility which are designed to
   36  protect the utility’s networks, computers, programs, and data
   37  from attack, damage, or unauthorized access, and which
   38  information, if disclosed, would facilitate the alteration,
   39  disclosure, or destruction of such data or information
   40  technology resources.
   41         (b) Information related to the security of existing or
   42  proposed information technology systems or industrial control
   43  technology systems of the utility, and which information, if
   44  disclosed, would facilitate unauthorized access to and
   45  alteration or destruction of such systems in a manner that would
   46  adversely impact the safe and reliable operation of the systems
   47  and utility.
   48         (2) The Legislature finds that, as utility system
   49  infrastructure becomes more connected and integrated through
   50  information and communications technology, the exposure to
   51  damage from attacks through such technology grows. These attacks
   52  may result in the disruption of utility services and damage to
   53  utility systems. Maintaining safe and reliable utility systems
   54  is vital to protecting the public health and safety and to
   55  ensuring the economic well-being of this state.
   56         (3) The Legislature finds that the public and private harm
   57  in disclosing the information made exempt by this act outweighs
   58  any public benefit derived from the disclosure of such
   59  information. The protection of information and communications
   60  made exempt by this act will ensure that utilities have greater
   61  safeguards to protect against security threats and will bolster
   62  efforts to develop more resilient information technology systems
   63  and industrial control technology systems.
   64         (4) Therefore, the Legislature finds that it is a public
   65  necessity to make such information exempt from public meetings
   66  requirements and to make the recording and transcript thereof
   67  exempt from public records requirements.
   68         Section 3. This act shall take effect July 1, 2019.