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       
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       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.