Florida Senate - 2021                                    SB 1704
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01547-21                                            20211704__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         282.318, F.S.; expanding a public records exemption
    4         for portions of records containing network schematics,
    5         hardware and software configurations, or encryption to
    6         include those records held by a county supervisor of
    7         elections; providing for retroactive application;
    8         providing a statement of public necessity; providing
    9         an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsections (5) and (9) of section 282.318,
   14  Florida Statutes, are amended, and subsections (8) and (10) of
   15  that section are republished, to read:
   16         282.318 Security of data and information technology.—
   17         (5) Portions of records held by a state agency or a
   18  supervisor of elections which contain network schematics,
   19  hardware and software configurations, or encryption, or which
   20  identify detection, investigation, or response practices for
   21  suspected or confirmed information technology security
   22  incidents, including suspected or confirmed breaches, are
   23  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   24  of the State Constitution, if the disclosure of such records
   25  would facilitate unauthorized access to or the unauthorized
   26  modification, disclosure, or destruction of:
   27         (a) Data or information, whether physical or virtual; or
   28         (b) Information technology resources, which includes:
   29         1. Information relating to the security of the agency’s
   30  technologies, processes, and practices designed to protect
   31  networks, computers, data processing software, and data from
   32  attack, damage, or unauthorized access; or
   33         2. Security information, whether physical or virtual, which
   34  relates to the agency’s existing or proposed information
   35  technology systems.
   36         (8) The portions of records made confidential and exempt in
   37  subsections (5), (6), and (7) shall be available to the Auditor
   38  General, the Cybercrime Office of the Department of Law
   39  Enforcement, the Florida Digital Service within the department,
   40  and, for agencies under the jurisdiction of the Governor, the
   41  Chief Inspector General. Such portions of records may be made
   42  available to a local government, another state agency, or a
   43  federal agency for information technology security purposes or
   44  in furtherance of the state agency’s official duties.
   45         (9) The exemptions contained in subsections (5), (6), and
   46  (7) apply to records held by a state agency or a supervisor of
   47  elections before, on, or after the effective date of this
   48  exemption.
   49         (10) Subsections (5), (6), and (7) are subject to the Open
   50  Government Sunset Review Act in accordance with s. 119.15 and
   51  shall stand repealed on October 2, 2025, unless reviewed and
   52  saved from repeal through reenactment by the Legislature.
   53         Section 2. The Legislature finds that it is a public
   54  necessity that the portions of records of a supervisor of
   55  elections which contain network schematics, hardware and
   56  software configurations, or encryption, or which identify
   57  detection, investigation, or response practices for suspected or
   58  confirmed information technology security incidents, including
   59  suspected or confirmed breaches, which could be used to
   60  facilitate unauthorized access to or unauthorized modification,
   61  disclosure, or destruction of virtual or physical data or
   62  information or information technology resources be made
   63  confidential and exempt from s. 119.07(1), Florida Statutes, and
   64  s. 24(a), Article I of the State Constitution. Such information
   65  could be used as a tool to influence elections, frustrate the
   66  voting process, manipulate election results, or otherwise
   67  interfere with the administration of elections. If such
   68  information was released, it could result in an increase in
   69  security breaches and fraud impacting the electoral process. For
   70  these reasons, the Legislature finds that it is a public
   71  necessity that such information be made confidential and exempt
   72  from public records requirements.
   73         Section 3. This act shall take effect upon becoming a law.