Florida Senate - 2019                                     SB 600
       
       
        
       By Senator Gibson
       
       
       
       
       
       6-00557-19                                             2019600__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0713, F.S.; providing an exemption from public
    4         records requirements for certain utility customer
    5         meter-derived data and billing information; providing
    6         for future legislative review and repeal of the
    7         exemption; providing a statement of public necessity;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (5) of section 119.0713, Florida
   13  Statutes, is amended to read:
   14         119.0713 Local government agency exemptions from inspection
   15  or copying of public records.—
   16         (5)(a) The following information held by a utility owned or
   17  operated by a unit of local government is exempt from s.
   18  119.07(1) and s. 24(a), Art. I of the State Constitution:
   19         1. Information related to the security of the technology,
   20  processes, or practices of a utility owned or operated by a unit
   21  of local government which that are designed to protect the
   22  utility’s networks, computers, programs, and data from attack,
   23  damage, or unauthorized access and, which information, if
   24  disclosed, would facilitate the alteration, disclosure, or
   25  destruction of such data or information technology resources.
   26         2. Information related to the security of existing or
   27  proposed information technology systems or industrial control
   28  technology systems of a utility owned or operated by a unit of
   29  local government, which, if disclosed, would facilitate
   30  unauthorized access to, and alteration or destruction of, such
   31  systems in a manner that would adversely impact the safe and
   32  reliable operation of the systems and the utility.
   33         3. Customer meter-derived data and billing information in
   34  increments of less than one billing cycle.
   35         (b) This exemption applies to such information held by a
   36  utility owned or operated by a unit of local government before,
   37  on, or after the effective date of this exemption.
   38         (c) This subsection is subject to the Open Government
   39  Sunset Review Act in accordance with s. 119.15 and shall stand
   40  repealed on October 2, 2024 2021, unless reviewed and saved from
   41  repeal through reenactment by the Legislature.
   42         Section 2. The Legislature finds that it is a public
   43  necessity that customer meter-derived data and billing
   44  information in increments of less than one billing cycle held by
   45  a utility owned or operated by a unit of local government be
   46  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   47  Article I of the State Constitution. Safeguarding customers’
   48  meter-derived data and billing information in increments of less
   49  than one billing cycle is of the utmost importance because smart
   50  meters can record and transmit detailed utility customer use
   51  data in real time, presenting unique privacy concerns. Such
   52  devices can reveal when and for how long individuals stay at
   53  home, the types of devices an individual uses, and how they move
   54  about inside their own homes. This exemption is necessary
   55  because the public disclosure of such information constitutes an
   56  unwarranted intrusion into an individual’s personal life and an
   57  invasion of his or her privacy. The harm from disclosing such
   58  information outweighs any public benefit that can be derived
   59  from widespread and unregulated public access to such
   60  information. For these reasons, the Legislature finds that it is
   61  a public necessity to make such information exempt from public
   62  records requirements.
   63         Section 3. This act shall take effect July 1, 2019.