Florida Senate - 2022 CS for SB 1694 By the Committee on Military and Veterans Affairs, Space, and Domestic Security; and Senator Hutson 583-02824-22 20221694c1 1 A bill to be entitled 2 An act relating to public records and public meetings; 3 amending s. 282.3185, F.S.; providing an exemption 4 from public records requirements for certain 5 information related to a cybersecurity incident or 6 ransomware incident held by a political subdivision or 7 state agency; authorizing the disclosure of the 8 confidential and exempt information under certain 9 circumstances; providing an exemption from public 10 meetings requirements for portions of a meeting that 11 would reveal certain information related to a 12 cybersecurity incident or ransomware incident held by 13 a political subdivision or state agency; requiring the 14 recording and transcribing of exempt portions of such 15 meetings; providing an exemption from public records 16 requirements for such recordings and transcripts; 17 providing for future legislative review and repeal of 18 the exemptions; providing a statement of public 19 necessity; providing a contingent effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (3) is added to section 282.3185, 24 Florida Statutes, as created by SB 1670, 2022 Regular Session, 25 to read: 26 282.3185 Local government cybersecurity.— 27 (3)(a) Information related to a cybersecurity incident or 28 ransomware incident held by a political subdivision or state 29 agency is confidential and exempt from s. 119.07(1) and s. 30 24(a), Art. I of the State Constitution to the extent that 31 disclosure of such information would facilitate unauthorized 32 access to or the unauthorized modification, disclosure, or 33 destruction of: 34 1. Data or information, whether physical or virtual; or 35 2. Information technology resources, including, but not 36 limited to, the following: 37 a. Information relating to the security of the local 38 government’s technologies, processes, and practices designed to 39 protect networks, computers, data processing software, and data 40 from attack, damage, or unauthorized access. 41 b. Security information, whether physical or virtual, which 42 relates to the local government’s existing or proposed 43 information technology systems. 44 (b) Information made confidential and exempt under 45 paragraph (a) may be disclosed by a political subdivision or 46 state agency: 47 1. In the furtherance of its official duties and 48 responsibilities. 49 2. To another governmental entity in the furtherance of its 50 statutory duties and responsibilities. 51 (c) Any portion of a meeting that would reveal information 52 made confidential and exempt under paragraph (a) is exempt from 53 s. 286.011 and s. 24(b), Art. I of the State Constitution. An 54 exempt portion of a meeting may not be off the record and must 55 be recorded and transcribed. The recording and transcript are 56 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 57 of the State Constitution. 58 (d) This subsection is subject to the Open Government 59 Sunset Review Act in accordance with s. 119.15 and shall stand 60 repealed on October 2, 2027, unless reviewed and saved from 61 repeal through reenactment by the Legislature. 62 Section 2. The Legislature finds that it is a public 63 necessity that information related to a cybersecurity incident 64 or ransomware incident held by a political subdivision or state 65 agency be made confidential and exempt from s. 119.07(1), 66 Florida Statutes, and s. 24(a), Article I of the State 67 Constitution to the extent that disclosure of such information 68 would facilitate unauthorized access to or the unauthorized 69 modification, disclosure, or destruction of data or information, 70 whether physical or virtual, or information technology 71 resources. Such information includes proprietary information 72 about the security of a government system, and disclosure of 73 that information could result in the identification of 74 vulnerabilities and further breaches of the government system. 75 In addition, the disclosure of such information could compromise 76 the integrity of a government’s data, information, or 77 information technology resources, which would significantly 78 impair the administration of vital programs. Therefore, this 79 information should be made confidential and exempt in order to 80 protect the government’s data, information, and information 81 technology resources. The Legislature also finds that it is a 82 public necessity that any portion of a meeting in which the 83 confidential and exempt information is discussed be made exempt 84 from s. 286.011, Florida Statutes, and s. 24(b), Article I of 85 the State Constitution, and that any recordings and transcripts 86 of those portions of a meeting in which the confidential and 87 exempt information is discussed be made confidential and exempt 88 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 89 the State Constitution. The failure to close that portion of a 90 meeting at which confidential and exempt information is 91 discussed, and prevent the disclosure of the recordings and 92 transcripts of those portions of a meeting, would defeat the 93 purpose of the underlying public records exemption and could 94 result in the release of highly sensitive information related to 95 the cybersecurity of a government system. For these reasons, the 96 Legislature finds that these public records and public meetings 97 exemptions are of the utmost importance and are a public 98 necessity. 99 Section 3. This act shall take effect on the same date that 100 SB 1670 or similar legislation takes effect, if such legislation 101 is adopted in the same legislative session or an extension 102 thereof and becomes a law.