Florida Senate - 2022                                    SB 1694
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01455-22                                            20221694__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for criminal intelligence
    5         information or criminal investigative information that
    6         reveals means or methods that could allow unauthorized
    7         access to any electronic device, software, or network;
    8         providing for future legislative review and repeal of
    9         the exemption; providing a statement of public
   10         necessity; providing a contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (r) is added to subsection (2) of
   15  section 119.071, Florida Statutes, to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (2) AGENCY INVESTIGATIONS.—
   19         (r) Any criminal intelligence information or criminal
   20  investigative information that reveals means or methods that
   21  could allow unauthorized access to any electronic device,
   22  software, or network is confidential and exempt from s.
   23  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   24  paragraph is subject to the Open Government Sunset Review Act in
   25  accordance with s. 119.15 and shall stand repealed on October 2,
   26  2027, unless reviewed and saved from repeal through reenactment
   27  by the Legislature.
   28         Section 2. The Legislature finds that it is a public
   29  necessity that any criminal intelligence information or criminal
   30  investigative information that reveals means or methods that
   31  could allow unauthorized access to any electronic device,
   32  software, or network be made confidential and exempt from s.
   33  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   34  State Constitution. Disclosure of such information that would
   35  reveal weaknesses in data security of any electronic device,
   36  software, or network could compromise the future security of the
   37  owner of the electronic device, software, or network if such
   38  information was available upon conclusion of an investigation or
   39  once an investigation ceased to be active. The disclosure of
   40  information could compromise the security of the owner of the
   41  electronic device, software, or network by making the electronic
   42  device, software, or network susceptible to future data
   43  incidents or breaches. In addition, such records are likely to
   44  contain proprietary information about the security of the
   45  electronic device, software, or network at issue. The disclosure
   46  of such information could result in the identification of
   47  vulnerabilities and further breaches of the electronic device,
   48  software, or network. In addition, the release of such
   49  information could give business competitors an unfair advantage
   50  and weaken the position of the entity supplying such proprietary
   51  information in the marketplace.
   52         Section 3. This act shall take effect on the same date that
   53  SB ___ or similar legislation takes effect, if such legislation
   54  is adopted in the same legislative session or an extension
   55  thereof and becomes a law.