Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1704 Ì677486ZÎ677486 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/31/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Broxson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (13) is added to section 98.015, 6 Florida Statutes, to read: 7 98.015 Supervisor of elections; election, tenure of office, 8 compensation, custody of registration-related documents, office 9 hours, successor, seal; appointment of deputy supervisors; 10 duties; public records exemption.— 11 (13)(a) Portions of records held by a supervisor of 12 elections which contain network schematics, hardware and 13 software configurations, or encryption or which identify 14 detection, investigation, or response practices for suspected or 15 confirmed information technology security incidents, including 16 suspected or confirmed breaches, are confidential and exempt 17 from s. 119.07(1) and s. 24(a), Art. I of the State 18 Constitution, if the disclosure of such records would facilitate 19 unauthorized access to or the unauthorized modification, 20 disclosure, or destruction of: 21 1. Data or information, whether physical or virtual; or 22 2. Information technology resources as defined in s. 23 119.011 which include: 24 a. Information relating to the security of a supervisor of 25 elections’ technology, processes, and practices designed to 26 protect networks, computers, data processing software, and data 27 from attack, damage, or unauthorized access; or 28 b. Security information, whether physical or virtual, which 29 relates to a supervisor of elections’ existing or proposed 30 information technology systems. 31 (b) The portions of records made confidential and exempt in 32 paragraph (a) must be available to the Auditor General and may 33 be made available to another governmental entity for information 34 technology security purposes or in the furtherance of the 35 governmental entity’s official duties. 36 (c) The public record exemption created in paragraph (a) 37 applies to records held by a supervisor of elections before, on, 38 or after the effective date of the exemption. 39 (d) This subsection is subject to the Open Government 40 Sunset Review Act in accordance with s. 119.15 and shall stand 41 repealed on October 2, 2026, unless reviewed and saved from 42 repeal through reenactment by the Legislature. 43 Section 2. The Legislature finds that it is a public 44 necessity that the portions of records of a supervisor of 45 elections which contain network schematics, hardware and 46 software configurations, or encryption or which identify 47 detection, investigation, or response practices for suspected or 48 confirmed information technology security incidents, including 49 suspected or confirmed breaches, and which could be used to 50 facilitate unauthorized access to or unauthorized modification, 51 disclosure, or destruction of virtual or physical data or 52 information or information technology resources be made 53 confidential and exempt from s. 119.07(1), Florida Statutes, and 54 s. 24(a), Article I of the State Constitution. Such information 55 could be used as a tool to influence elections, frustrate the 56 voting process, manipulate election results, or otherwise 57 interfere with the administration of elections. The release of 58 such information could result in an increase in security 59 breaches and fraud impacting the electoral process. For these 60 reasons, the Legislature finds that the public record exemption 61 should be applied on a retroactive basis because the harm that 62 may result from the release of such information outweighs the 63 public benefit that may be derived from the disclosure of the 64 information. 65 Section 3. This act shall take effect upon becoming a law. 66 67 ================= T I T L E A M E N D M E N T ================ 68 And the title is amended as follows: 69 Delete everything before the enacting clause 70 and insert: 71 A bill to be entitled 72 An act relating to public records; amending s. 98.015, 73 F.S.; creating a public records exemption for portions 74 of records containing network schematics, hardware and 75 software configurations, or encryption or which 76 identify detection, investigation, or response 77 practices for suspected or confirmed information 78 technology security incidents, including suspected or 79 confirmed breaches held by a county supervisor of 80 elections; providing that such confidential and exempt 81 information must be available to the Auditor General 82 and may be made available to governmental entities for 83 specified purposes; providing for retroactive 84 application; providing for future legislative review 85 and repeal of the exemption; providing a statement of 86 public necessity; providing an effective date.