Florida Senate - 2023                              CS for SB 552
       
       
        
       By the Committee on Commerce and Tourism; and Senator Hooper
       
       
       
       
       
       577-02495-23                                           2023552c1
    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 or pursuant to a federal broadband
    9         access grant program implemented by the department;
   10         providing applicability; providing for future
   11         legislative review and repeal of the exemption;
   12         providing a statement of public necessity; providing
   13         an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (h) is added to subsection (1) of
   18  section 119.071, Florida Statutes, to read:
   19         119.071 General exemptions from inspection or copying of
   20  public records.—
   21         (1) AGENCY ADMINISTRATION.—
   22         (h)1. Information relating to communications services
   23  locations, project proposals, and challenges submitted to the
   24  Department of Economic Opportunity under s. 288.9962 or pursuant
   25  to a federal broadband access grant program implemented by the
   26  Department of Economic Opportunity is confidential and exempt
   27  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   28  if such information is not otherwise publicly available and the
   29  release of such information would reveal:
   30         a. The location or capacity of communications network
   31  facilities;
   32         b. Communications network areas, including geographical
   33  maps indicating actual or proposed locations of network
   34  infrastructure or facilities;
   35         c. The features, functions, and capabilities of
   36  communications network infrastructure and facilities;
   37         d. Security, including cybersecurity, of the design,
   38  construction, and operation of the communications network and
   39  associated services and products;
   40         e. Specific customer locations; or
   41         f. Sources of funding or in-kind contributions for a
   42  project.
   43         2. This exemption does not apply to any required functions
   44  of the department under s. 288.9962 relating to publishing a
   45  description of the proposed unserved areas to be served and the
   46  proposed broadband Internet speeds of the areas to be served as
   47  provided by the applicant and approved by the department.
   48         3. This paragraph is subject to the Open Government Sunset
   49  Review Act in accordance with s. 119.15 and shall stand repealed
   50  on October 2, 2028, unless reviewed and saved from repeal
   51  through reenactment by the Legislature.
   52         Section 2. The Legislature finds that it is a public
   53  necessity that certain information relating to communications
   54  services locations, project proposals, and challenges submitted
   55  to the Department of Economic Opportunity under the Broadband
   56  Opportunity Program or pursuant to a federal broadband access
   57  grant program implemented by the department be made confidential
   58  and exempt from public records requirements. Such information
   59  contains security information and proprietary business
   60  information of communications services providers. The disclosure
   61  of sensitive information relating to the location, capacity,
   62  features, functions, and security of these networks could result
   63  in the identification of vulnerabilities in such networks and
   64  allow a security breach that could damage the networks or
   65  disrupt the networks’ safe and reliable operation, adversely
   66  impacting the public health and safety of this state. Further,
   67  the disclosure of such information would adversely affect the
   68  business interests and compromise the network security of the
   69  communications services providers and their networks. Therefore,
   70  the Legislature finds that it is a public necessity that certain
   71  information relating to communications services locations,
   72  project proposals, and challenges submitted to the Department of
   73  Economic Opportunity under the Broadband Opportunity Program or
   74  pursuant to a federal broadband access grant program implemented
   75  by the department be held confidential and exempt from
   76  disclosure under s. 119.07(1), Florida Statutes, and s. 24(a),
   77  Article I of the State Constitution.
   78         Section 3. This act shall take effect July 1, 2023.