Florida Senate - 2019                              CS for SB 450
       
       
        
       By the Committee on Innovation, Industry, and Technology; and
       Senators Gibson and Bean
       
       
       
       
       580-02751-19                                           2019450c1
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         amending s. 286.0113, F.S.; exempting from public
    4         meetings requirements certain exempt information
    5         concerning information technology systems held by
    6         specified utilities; requiring the exempt portions to
    7         be recorded and transcribed; authorizing the release
    8         of portions of such meetings under specified
    9         circumstances; providing for future legislative review
   10         and repeal of the exemptions; providing a statement of
   11         public necessity; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (3) is added to section 286.0113,
   16  Florida Statutes, to read:
   17         286.0113 General exemptions from public meetings.—
   18         (3)(a)That portion of a meeting held by a utility owned or
   19  operated by a unit of local government which would reveal
   20  information that is exempt under s. 119.0713(5) is exempt from
   21  s. 286.011 and s. 24(b), Art. I of the State Constitution. All
   22  exempt portions of such a meeting must be recorded and
   23  transcribed. The recording and transcript of the meeting are
   24  confidential and exempt from disclosure under s. 119.07(1) and
   25  s. 24(a), Art. I of the State Constitution unless a court of
   26  competent jurisdiction, following an in-camera review,
   27  determines that the meeting was not restricted to the discussion
   28  of data and information made confidential and exempt by this
   29  section. In the event of such a judicial determination, only the
   30  portion of the recording or transcript which reveals nonexempt
   31  data and information may be disclosed to a third party.
   32         (b)This subsection is subject to the Open Government
   33  Sunset Review Act in accordance with s. 119.15 and shall stand
   34  repealed on October 2, 2024, unless reviewed and saved from
   35  repeal through reenactment by the Legislature.
   36         Section 2. (1)The Legislature finds that it is a public
   37  necessity that the portion of a meeting relating directly to or
   38  that would reveal the following information, which is
   39  confidential and exempt under s. 119.0713(5), Florida Statutes,
   40  be made exempt from s. 286.011, Florida Statutes, and s. 24(b),
   41  Article I of the State Constitution and that the recording and
   42  transcript of such a meeting be made confidential and exempt
   43  from disclosure under s. 119.07(1) and s. 24(a), Art. I of the
   44  State Constitution:
   45         (a)Information related to the security of the technology,
   46  processes, or practices of the utility which are designed to
   47  protect the utility’s networks, computers, programs, and data
   48  from attack, damage, or unauthorized access, and which
   49  information, if disclosed, would facilitate the alteration,
   50  disclosure, or destruction of such data or information
   51  technology resources.
   52         (b)Information related to the security of existing or
   53  proposed information technology systems or industrial control
   54  technology systems of the utility, and which information, if
   55  disclosed, would facilitate unauthorized access to and
   56  alteration or destruction of such systems in a manner that would
   57  adversely impact the safe and reliable operation of the systems
   58  and utility.
   59         (2)The Legislature finds that, as utility system
   60  infrastructure becomes more connected and integrated through
   61  information and communications technology, the exposure to
   62  damage from attacks through such technology grows. These attacks
   63  may result in the disruption of utility services and damage to
   64  utility systems. Maintaining safe and reliable utility systems
   65  is vital to protecting the public health and safety and to
   66  ensuring the economic well-being of this state.
   67         (3)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 the disclosure of such
   70  information. The protection of information and communications
   71  made exempt by this act will ensure that utilities have greater
   72  safeguards to protect against security threats and will bolster
   73  efforts to develop more resilient information technology systems
   74  and industrial control technology systems.
   75         (4)Therefore, the Legislature finds that it is a public
   76  necessity to make such information exempt from public meetings
   77  requirements and to make the recording and transcript thereof
   78  confidential and exempt from public records requirements.
   79         Section 3. This act shall take effect July 1, 2019.