Florida Senate - 2019                              CS for SB 600
       
       
        
       By the Committee on Innovation, Industry, and Technology; and
       Senators Gibson and Bean
       
       
       
       
       580-02752-19                                           2019600c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0713, F.S.; exempting from public records
    4         requirements customer meter-derived data and billing
    5         information in increments of less than one billing
    6         cycle which is held by certain utilities; providing a
    7         statement of public necessity; providing an effective
    8         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 that are designed to protect the utility’s
   22  networks, computers, programs, and data from attack, damage, or
   23  unauthorized access, which information, if disclosed, would
   24  facilitate the alteration, disclosure, or destruction of such
   25  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 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. (1) The Legislature finds that it is a public
   43  necessity that customer meter-derived data and billing
   44  information in increments less than one billing cycle held by a
   45  utility that is owned or operated by a unit of local government
   46  be exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   47  Article I of the State Constitution.
   48         (2) The Legislature finds that safeguarding customer meter
   49  derived data and billing information in increments of less than
   50  one billing cycle is of the utmost importance. Smart meters,
   51  which can record and transmit detailed data on a customer’s use
   52  of utility services, present unique security concerns. These
   53  concerns were addressed in a report released in October 2010 by
   54  the United States Department of Energy titled “Data Access and
   55  Privacy Issues Related to Smart Grid Technologies.” The report
   56  recommended that customer data be protected from release to
   57  third parties. This detailed customer data can be used to
   58  specifically identify minute-by-minute usage patterns, including
   59  the exact appliance or service being used. This information
   60  creates significant security issues for both businesses and
   61  homeowners.
   62         Section 3. This act shall take effect July 1, 2019.