Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. CS/HB 1377, 1st Eng. Ì698496fÎ698496 LEGISLATIVE ACTION Senate . House Comm: FAV . 02/16/2024 . . Floor: 1/AD/2R . Floor: C 02/21/2024 06:41 PM . 02/22/2024 05:16 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Fiscal Policy (Hutson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Present subsection (9) of section 501.1736, 6 Florida Statutes, as created by HB 1 or similar legislation, 7 2024 Regular Session, is redesignated as subsection (10), and a 8 new subsection (9) is added to that section, to read: 9 501.1736 Social media use for minors.— 10 (9)(a) All information held by the department pursuant to a 11 notification of a violation under this section or an 12 investigation of a violation of this section is confidential and 13 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 14 Constitution, until such time as the investigation is completed 15 or ceases to be active. This exemption shall be construed in 16 conformity with s. 119.071(2)(c). 17 (b) During an active investigation, information made 18 confidential and exempt pursuant to paragraph (a) may be 19 disclosed by the department: 20 1. In the furtherance of its official duties and 21 responsibilities; 22 2. For print, publication, or broadcast if the department 23 determines that such release would assist in notifying the 24 public or locating or identifying a person that the department 25 believes to be a victim of an improper use or disposal of 26 customer records, except that information made confidential and 27 exempt by paragraph (c) may not be released pursuant to this 28 subparagraph; or 29 3. To another governmental entity in the furtherance of its 30 official duties and responsibilities. 31 (c) Upon completion of an investigation or once an 32 investigation ceases to be active, the following information 33 held by the department shall remain confidential and exempt from 34 s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 35 1. Information that is otherwise confidential or exempt 36 from s. 119.07(1) and s. 24(a), Art. I of the State 37 Constitution. 38 2. Personal identifying information. 39 3. A computer forensic report. 40 4. Information that would otherwise reveal weaknesses in 41 the data security of a social media platform. 42 5. Information that would disclose the proprietary 43 information of a social media platform. 44 (d) For purposes of this section, the term “proprietary 45 information” means information that: 46 1. Is owned or controlled by the social media platform. 47 2. Is intended to be private and is treated by the social 48 media platform as private because disclosure would harm the 49 social media platform or its business operations. 50 3. Has not been disclosed except as required by law or a 51 private agreement that provides that the information will not be 52 released to the public. 53 4. Is not publicly available or otherwise readily 54 ascertainable through proper means from another source in the 55 same configuration as received by the department. 56 5. Reveals competitive interests, the disclosure of which 57 would impair the competitive advantage of the social media 58 platform that is the subject of the information. 59 (e) This subsection is subject to the Open Government 60 Sunset Review Act in accordance with s. 119.15 and shall stand 61 repealed on October 2, 2029, unless reviewed and saved from 62 repeal through reenactment by the Legislature. 63 Section 2. The Legislature finds that it is a public 64 necessity that all information held by the Department of Legal 65 Affairs pursuant to a notification of a violation of s. 66 501.1736, Florida Statutes, or an investigation of a violation 67 of that section, be made confidential and exempt from s. 68 119.07(1), Florida Statutes, and s. 24(a), Article I of the 69 State Constitution for the following reasons: 70 (1) A notification of a violation of s. 501.1736, Florida 71 Statutes, may result in an investigation of such violation. The 72 premature release of such information could frustrate or thwart 73 the investigation and impair the ability of the department to 74 effectively and efficiently administer s. 501.1736, Florida 75 Statutes. In addition, release of such information before 76 completion of an active investigation could jeopardize the 77 ongoing investigation. 78 (2) Release of information that is otherwise confidential 79 or exempt from public records requirements once an investigation 80 is completed or ceases to be active would undo the specific 81 statutory exemption protecting that information, thus clarifying 82 that any protections currently afforded to such information are 83 not removed. 84 (3) An investigation of a violation of s. 501.1736, Florida 85 Statutes, is likely to result in the gathering of sensitive 86 personal identifying information, which could include 87 identification numbers, unique identifiers, professional or 88 employment-related information, and personal financial 89 information. Such information could be used for the purpose of 90 identity theft. The release of such information could subject 91 families to possible privacy violations, as it would reveal 92 information of a sensitive personal nature. 93 (4) Notices received by the department and information 94 generated during an investigation of a violation of s. 501.1736, 95 Florida Statutes, are likely to contain proprietary information. 96 Such information derives independent, economic value, actual or 97 potential, from being generally unknown to, and not readily 98 ascertainable by, other persons who might obtain economic value 99 from its disclosure or use. Allowing public access to 100 proprietary information through a public records request could 101 destroy the value of the proprietary information and cause a 102 financial loss to the social media platform. Release of such 103 information could give business competitors an unfair advantage. 104 (5) Information held by the department may contain a 105 computer forensic report or information that could reveal 106 weaknesses in the data security of a social media platform. The 107 release of this information could result in the identification 108 of vulnerabilities in the cybersecurity system of the social 109 media platform and be used to harm the social media platform and 110 its clients. 111 (6) The harm that may result from the release of 112 information held by the department pursuant to a notification or 113 investigation of a violation of s. 501.1736, Florida Statutes, 114 could impair the effective and efficient administration of the 115 investigation and thus outweighs the public benefit that may be 116 derived from the disclosure of the information. 117 Section 3. Present subsection (8) of section 501.1737, 118 Florida Statutes, as created by HB 1 or similar legislation, 119 2024 Regular Session, is redesignated as subsection (9), and a 120 new subsection (8) is added to that section, to read: 121 501.1737 Age verification for online access to materials 122 harmful to minors.— 123 (8)(a) All information held by the department pursuant to a 124 notification of a violation under this section or an 125 investigation of a violation of this section is confidential and 126 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 127 Constitution, until such time as the investigation is completed 128 or ceases to be active. This exemption shall be construed in 129 conformity with s. 119.071(2)(c). 130 (b) During an active investigation, information made 131 confidential and exempt pursuant to paragraph (a) may be 132 disclosed by the department: 133 1. In the furtherance of its official duties and 134 responsibilities; 135 2. For print, publication, or broadcast if the department 136 determines that such release would assist in notifying the 137 public or locating or identifying a person whom the department 138 believes to be a victim of an improper use or disposal of 139 customer records, except that information made confidential and 140 exempt by paragraph (c) may not be released pursuant to this 141 subparagraph; or 142 3. To another governmental entity in the furtherance of its 143 official duties and responsibilities. 144 (c) Upon completion of an investigation or once an 145 investigation ceases to be active, the following information 146 held by the department shall remain confidential and exempt from 147 s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 148 1. Information that is otherwise confidential or exempt 149 from s. 119.07(1) or s. 24(a), Art. I of the State Constitution. 150 2. Personal identifying information. 151 3. A computer forensic report. 152 4. Information that would otherwise reveal weaknesses in 153 the data security of the commercial entity. 154 5. Information that would disclose the proprietary 155 information of the commercial entity. 156 (d) For purposes of this subsection, the term “proprietary 157 information” means information that: 158 1. Is owned or controlled by the commercial entity. 159 2. Is intended to be private and is treated by the 160 commercial entity as private because disclosure would harm the 161 commercial entity or its business operations. 162 3. Has not been disclosed except as required by law or a 163 private agreement that provides that the information will not be 164 released to the public. 165 4. Is not publicly available or otherwise readily 166 ascertainable through proper means from another source in the 167 same configuration as received by the department. 168 5. Reveals competitive interests, the disclosure of which 169 would impair the competitive advantage of the commercial entity 170 that is the subject of the information. 171 (e) This subsection is subject to the Open Government 172 Sunset Review Act in accordance with s. 119.15 and shall stand 173 repealed on October 2, 2029, unless reviewed and saved from 174 repeal through reenactment by the Legislature. 175 Section 4. The Legislature finds that it is a public 176 necessity that all information held by the Department of Legal 177 Affairs pursuant to a notification of a violation of s. 178 501.1737, Florida Statutes, or an investigation of a violation 179 of that section, be made confidential and exempt from s. 180 119.07(1), Florida Statutes, and s. 24(a), Article I of the 181 State Constitution for the following reasons: 182 (1) A notification of a violation of s. 501.1737, Florida 183 Statutes, may result in an investigation of such violation. The 184 premature release of such information could frustrate or thwart 185 the investigation and impair the ability of the department to 186 effectively and efficiently administer s. 501.1737, Florida 187 Statutes. In addition, release of such information before 188 completion of an active investigation could jeopardize the 189 ongoing investigation. 190 (2) Release of information that is otherwise confidential 191 or exempt from public records requirements once an investigation 192 is completed or ceases to be active would undo the specific 193 statutory exemption protecting that information, thus clarifying 194 that any protections currently afforded to that information are 195 not removed. 196 (3) An investigation of a violation of s. 501.1737, Florida 197 Statutes, is likely to result in the gathering of sensitive 198 personal identifying information, which could include 199 identification numbers, unique identifiers, professional or 200 employment-related information, and personal financial 201 information. Such information could be used for the purpose of 202 identity theft. The release of such information could subject 203 individuals to possible privacy violations, as it would reveal 204 information of a sensitive personal nature. 205 (4) Notices received by the department and information 206 generated during an investigation of a violation of s. 501.1737, 207 Florida Statutes, are likely to contain proprietary information. 208 Such information derives independent, economic value, actual or 209 potential, from being generally unknown to, and not readily 210 ascertainable by, other persons who might obtain economic value 211 from its disclosure or use. Allowing public access to 212 proprietary information through a public records request could 213 destroy the value of the proprietary information and cause a 214 financial loss to the commercial entity. Release of such 215 information could give business competitors an unfair advantage. 216 (5) Information held by the department may contain a 217 computer forensic report or information that could reveal 218 weaknesses in the data security of the commercial entity. The 219 release of this information could result in the identification 220 of vulnerabilities in the cybersecurity system of the commercial 221 entity and be used to harm the commercial entity and its 222 clients. 223 (6) The harm that may result from the release of 224 information held by the department pursuant to a notification or 225 investigation by the department of a violation of s. 501.1737, 226 Florida Statutes, could impair the effective and efficient 227 administration of the investigation and thus outweighs the 228 public benefit that may be derived from the disclosure of the 229 information. 230 Section 5. This act shall take effect on the same date that 231 HB 1 or similar legislation takes effect, if such legislation is 232 adopted in the same legislative session or an extension thereof 233 and becomes a law. 234 235 ================= T I T L E A M E N D M E N T ================ 236 And the title is amended as follows: 237 Delete everything before the enacting clause 238 and insert: 239 A bill to be entitled 240 An act relating to public records; amending s. 241 501.1736, F.S.; providing an exemption from public 242 records requirements for information relating to 243 investigations by the Department of Legal Affairs of 244 certain social media violations; authorizing the 245 department to disclose such information for specified 246 purposes; defining the term “proprietary information”; 247 providing for future legislative review and repeal of 248 the exemption; providing a statement of public 249 necessity; amending s. 501.1737, F.S.; providing an 250 exemption from public records requirements for 251 information relating to investigations by the 252 Department of Legal Affairs of certain age 253 verification violations; authorizing the department to 254 disclose such information for specified purposes; 255 defining the term “proprietary information”; providing 256 for future legislative review and repeal of the 257 exemption; providing a statement of public necessity; 258 providing a contingent effective date.