Florida Senate - 2023                                     SB 552
       
       
        
       By Senator Hooper
       
       
       
       
       
       21-01650-23                                            2023552__
    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 certain information relating
    5         to communications services locations, project
    6         proposals, and challenges submitted to the Department
    7         of Economic Opportunity under the Broadband
    8         Opportunity Program; providing for future legislative
    9         review and repeal of the exemption; providing a
   10         statement of public necessity; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (h) is added to subsection (1) of
   16  section 119.071, Florida Statutes, to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (1) AGENCY ADMINISTRATION.—
   20         (h)1. Information relating to communications services
   21  locations, project proposals, and challenges submitted to the
   22  Department of Economic Opportunity under s. 288.9962 is
   23  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   24  of the State Constitution if such information is not otherwise
   25  publicly available and the release of such information would
   26  reveal:
   27         a. The location or capacity of communications network
   28  facilities;
   29         b. Communications network coverage areas, including
   30  geographical maps indicating actual or proposed locations of
   31  network infrastructure, facilities, or coverage;
   32         c. The features, functions, and capabilities of
   33  communications network infrastructure and facilities;
   34         d. Security, including cybersecurity, of the design,
   35  construction, and operation of the communications network and
   36  associated services and products;
   37         e. Specific customer locations; or
   38         f. Sources of funding or in-kind contributions for a
   39  project.
   40         2. This paragraph is subject to the Open Government Sunset
   41  Review Act in accordance with s. 119.15 and shall stand repealed
   42  on October 2, 2028, unless reviewed and saved from repeal
   43  through reenactment by the Legislature.
   44         Section 2. The Legislature finds that it is a public
   45  necessity that certain information relating to communications
   46  services locations, project proposals, and challenges submitted
   47  to the Department of Economic Opportunity under the Broadband
   48  Opportunity Program be made confidential and exempt from public
   49  records requirements. Such information contains security
   50  information and proprietary business information of
   51  communications services providers. The disclosure of sensitive
   52  information relating to the location, capacity, features,
   53  functions, and security of these networks could result in the
   54  identification of vulnerabilities in such networks and allow a
   55  security breach that could damage the networks or disrupt the
   56  networks’ safe and reliable operation, adversely impacting the
   57  public health and safety of this state. Further, the disclosure
   58  of such information would adversely affect the business
   59  interests and compromise the network security of the
   60  communications services providers and their networks. Therefore,
   61  the Legislature finds that it is a public necessity that certain
   62  information relating to communications services locations,
   63  project proposals, and challenges submitted to the Department of
   64  Economic Opportunity under the Broadband Opportunity Program be
   65  held confidential and exempt from disclosure under s. 119.07(1),
   66  Florida Statutes, and s. 24(a), Article I of the State
   67  Constitution.
   68         Section 3. This act shall take effect July 1, 2023.