ENROLLED 2023 Legislature CS for CS for SB 1648, 1st Engrossed 20231648er 1 2 An act relating to public records; amending ss. 3 501.1735 and 501.722, F.S.; providing exemptions from 4 public records requirements for information relating 5 to investigations by the Department of Legal Affairs 6 and law enforcement agencies of certain data privacy 7 violations; providing for future legislative review 8 and repeal of the exemptions; providing statements of 9 public necessity; providing a contingent effective 10 date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (6) is added to section 501.1735, 15 Florida Statutes, as created by SB 262 or similar legislation, 16 2023 Regular Session, to read: 17 501.1735 Protection of children in online spaces.— 18 (6) PUBLIC RECORDS EXEMPTION.— 19 (a) All information received by the department pursuant to 20 a notification of a violation under this section, or received by 21 the department pursuant to an investigation by the department or 22 a law enforcement agency of a violation of this section, is 23 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 24 of the State Constitution, until such time as the investigation 25 is completed or ceases to be active. This exemption shall be 26 construed in conformity with s. 119.071(2)(c). 27 (b) During an active investigation, information made 28 confidential and exempt pursuant to paragraph (a) may be 29 disclosed by the department: 30 1. In the furtherance of its official duties and 31 responsibilities; 32 2. For print, publication, or broadcast if the department 33 determines that such release would assist in notifying the 34 public or locating or identifying a person that the department 35 believes to be a victim of a data breach or an improper use or 36 disposal of customer records, except that information made 37 confidential and exempt by paragraph (c) may not be released 38 pursuant to this subparagraph; or 39 3. To another governmental entity in the furtherance of its 40 official duties and responsibilities. 41 (c) Upon completion of an investigation or once an 42 investigation ceases to be active, the following information 43 received by the department shall remain confidential and exempt 44 from s. 119.07(1) and s. 24(a), Art. I of the State 45 Constitution: 46 1. All information to which another public records 47 exemption applies. 48 2. Personal information. 49 3. A computer forensic report. 50 4. Information that would otherwise reveal weaknesses in 51 the data security of an online platform. 52 5. Information that would disclose the proprietary 53 information of an online platform. 54 (d) For purposes of this section, the term “proprietary 55 information” means information that: 56 1. Is owned or controlled by the online platform. 57 2. Is intended to be private and is treated by the online 58 platform as private because disclosure would harm the online 59 platform or its business operations. 60 3. Has not been disclosed except as required by law or a 61 private agreement that provides that the information will not be 62 released to the public. 63 4. Is not publicly available or otherwise readily 64 ascertainable through proper means from another source in the 65 same configuration as received by the department. 66 5. Includes: 67 a. Trade secrets as defined in s. 688.002. 68 b. Competitive interests, the disclosure of which would 69 impair the competitive advantage of the online platform who is 70 the subject of the information. 71 (e) This section is subject to the Open Government Sunset 72 Review Act in accordance with s. 119.15 and shall stand repealed 73 on October 2, 2028, unless reviewed and saved from repeal 74 through reenactment by the Legislature. 75 Section 2. The Legislature finds that it is a public 76 necessity that all information received by the Department of 77 Legal Affairs pursuant to a notification of a violation of s. 78 501.1735, Florida Statutes, or received by the department 79 pursuant to an investigation by the department or a law 80 enforcement agency of a violation of that section, be made 81 confidential and exempt from s. 119.07(1), Florida Statutes, and 82 s. 24(a), Article I of the State Constitution for the following 83 reasons: 84 (1) A notification of a violation of s. 501.1735, Florida 85 Statutes, may result in an investigation of such violation. The 86 premature release of such information could frustrate or thwart 87 the investigation and impair the ability of the department to 88 effectively and efficiently administer s. 501.1735, Florida 89 Statutes. In addition, release of such information before 90 completion of an active investigation could jeopardize the 91 ongoing investigation. 92 (2) Release of information to which another public records 93 exemption applies once an investigation is completed or ceases 94 to be active would undo the specific statutory exemption 95 protecting that information. 96 (3) An investigation of a violation of s. 501.1735, Florida 97 Statutes, is likely to result in the gathering of sensitive 98 personal information, including identification numbers, unique 99 identifiers, professional or employment-related information, and 100 personal financial information. Such information could be used 101 for the purpose of identity theft. The release of such 102 information could subject possible victims of data privacy 103 violations to further harm. 104 (4) Notices received by the department and information 105 received during an investigation of a violation of s. 501.1735, 106 Florida Statutes, are likely to contain proprietary information. 107 Such information, including trade secrets, derives independent, 108 economic value, actual or potential, from being generally 109 unknown to, and not readily ascertainable by, other persons who 110 might obtain economic value from its disclosure or use. Allowing 111 public access to proprietary information, including a trade 112 secret, through a public records request could destroy the value 113 of the proprietary information and cause a financial loss to the 114 online platform. Release of such information could give business 115 competitors an unfair advantage. 116 (5) Information received by the department may contain a 117 computer forensic report or information that could reveal 118 weaknesses in the data security of an online platform. The 119 release of this information could result in the identification 120 of vulnerabilities in the cybersecurity system of the online 121 platform and be used to harm the online platform and clients. 122 (6) The harm that may result from the release of 123 information received by the department pursuant to a 124 notification or investigation by the department or a law 125 enforcement agency of a violation of s. 501.1735, Florida 126 Statutes, could impair the effective and efficient 127 administration of the investigation and thus, outweighs the 128 public benefit that may be derived from the disclosure of the 129 information. 130 Section 3. Section 501.722, Florida Statutes, is created 131 and incorporated into part V of chapter 501, Florida Statutes, 132 as created by SB 262 or similar legislation, 2023 Regular 133 Session, to read: 134 501.722 Public records exemption.— 135 (1) All information received by the department pursuant to 136 a notification of a violation under this part, or received by 137 the department pursuant to an investigation by the department or 138 a law enforcement agency of a violation of this part, is 139 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 140 of the State Constitution, until such time as the investigation 141 is completed or ceases to be active. This exemption shall be 142 construed in conformity with s. 119.071(2)(c). 143 (2) During an active investigation, information made 144 confidential and exempt pursuant to subsection (1) may be 145 disclosed by the department: 146 (a) In the furtherance of its official duties and 147 responsibilities; 148 (b) For print, publication, or broadcast if the department 149 determines that such release would assist in notifying the 150 public or locating or identifying a person that the department 151 believes to be a victim of a data breach or an improper use or 152 disposal of customer records, except that information made 153 confidential and exempt by subsection (3) may not be released 154 pursuant to this paragraph; or 155 (c) To another governmental entity in the furtherance of 156 its official duties and responsibilities. 157 (3) Upon completion of an investigation or once an 158 investigation ceases to be active, the following information 159 received by the department shall remain confidential and exempt 160 from s. 119.07(1) and s. 24(a), Art. I of the State 161 Constitution: 162 (a) All information to which another public records 163 exemption applies. 164 (b) Personal information. 165 (c) A computer forensic report. 166 (d) Information that would otherwise reveal weaknesses in 167 the data security of a controller, processor, or third party. 168 (e) Information that would disclose the proprietary 169 information of a controller, processor, or third party. 170 (4) For purposes of this section, the term “proprietary 171 information” means information that: 172 (a) Is owned or controlled by the controller, processor, or 173 third party. 174 (b) Is intended to be private and is treated by the 175 controller, processor, or third party as private because 176 disclosure would harm the controller, processor, or third party 177 or its business operations. 178 (c) Has not been disclosed except as required by law or a 179 private agreement that provides that the information will not be 180 released to the public. 181 (d) Is not publicly available or otherwise readily 182 ascertainable through proper means from another source in the 183 same configuration as received by the department. 184 (e) Includes: 185 1. Trade secrets as defined in s. 688.002. 186 2. Competitive interests, the disclosure of which would 187 impair the competitive advantage of the controller, processor, 188 or third party who is the subject of the information. 189 (5) This section is subject to the Open Government Sunset 190 Review Act in accordance with s. 119.15 and shall stand repealed 191 on October 2, 2028, unless reviewed and saved from repeal 192 through reenactment by the Legislature. 193 Section 4. The Legislature finds that it is a public 194 necessity that all information received by the Department of 195 Legal Affairs pursuant to a notification of a violation of part 196 V of chapter 501, Florida Statutes, or received by the 197 department pursuant to an investigation by the department or a 198 law enforcement agency of a violation of that part, be made 199 confidential and exempt from s. 119.07(1), Florida Statutes, and 200 s. 24(a), Article I of the State Constitution for the following 201 reasons: 202 (1) A notification of a violation of part V of chapter 501, 203 Florida Statutes, may result in an investigation of such 204 violation. The premature release of such information could 205 frustrate or thwart the investigation and impair the ability of 206 the department to effectively and efficiently administer part V 207 of chapter 501, Florida Statutes. In addition, release of such 208 information before completion of an active investigation could 209 jeopardize the ongoing investigation. 210 (2) Release of information to which another public records 211 exemption applies once an investigation is completed or ceases 212 to be active would undo the specific statutory exemption 213 protecting that information. 214 (3) An investigation of a violation of part V of chapter 215 501, Florida Statutes, is likely to result in the gathering of 216 sensitive personal information, including identification 217 numbers, unique identifiers, professional or employment-related 218 information, and personal financial information. Such 219 information could be used for the purpose of identity theft. The 220 release of such information could subject possible victims of 221 data privacy violations to further harm. 222 (4) Notices received by the department and information 223 received during an investigation of a violation of part V of 224 chapter 501, Florida Statutes, are likely to contain proprietary 225 information. Such information, including trade secrets, derives 226 independent, economic value, actual or potential, from being 227 generally unknown to, and not readily ascertainable by, other 228 persons who might obtain economic value from its disclosure or 229 use. Allowing public access to proprietary information, 230 including a trade secret, through a public records request could 231 destroy the value of the proprietary information and cause a 232 financial loss to the controller, processor, or third party. 233 Release of such information could give business competitors an 234 unfair advantage. 235 (5) Information received by the department may contain a 236 computer forensic report or information that could reveal 237 weaknesses in the data security of a controller, processor, or 238 third party. The release of this information could result in the 239 identification of vulnerabilities in the cybersecurity system of 240 the controller, processor, or third party and be used to harm 241 the controller, processor, or third party and clients. 242 (6) The harm that may result from the release of 243 information received by the department pursuant to a 244 notification or investigation by the department or a law 245 enforcement agency of a violation of part V of chapter 501, 246 Florida Statutes, could impair the effective and efficient 247 administration of the investigation and thus, outweighs the 248 public benefit that may be derived from the disclosure of the 249 information. 250 Section 5. This act shall take effect on the same date that 251 SB 262 or similar legislation takes effect, if such legislation 252 is adopted in the same legislative session or an extension 253 thereof and becomes a law.