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.