Florida Senate - 2024                                    SB 1790
       By Senator Grall
       29-01311B-24                                          20241790__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         501.1736, F.S.; providing an exemption from public
    4         records requirements for information relating to
    5         investigations by the Department of Legal Affairs and
    6         law enforcement agencies of certain data privacy
    7         violations; defining the term “proprietary
    8         information”; providing for future legislative review
    9         and repeal of the exemption; providing a statement of
   10         public necessity; providing a contingent effective
   11         date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (9) is added to section 501.1736,
   16  Florida Statutes, as created by SB 1788 or similar legislation,
   17  2024 Regular Session, to read:
   18         501.1736 Age verification for social media platform
   19  accounts.—
   20         (9)(a)All information received by the department pursuant
   21  to a notification of a violation under this section, or received
   22  by the department pursuant to an investigation by the department
   23  or a law enforcement agency of a violation of this section, is
   24  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   25  of the State Constitution, until such time as the investigation
   26  is completed or ceases to be active. This exemption shall be
   27  construed in conformity with s. 119.071(2)(c).
   28         (b)During an active investigation, information made
   29  confidential and exempt pursuant to paragraph (a) may be
   30  disclosed by the department:
   31         1.In the furtherance of its official duties and
   32  responsibilities;
   33         2.For print, publication, or broadcast if the department
   34  determines that such release would assist in notifying the
   35  public or locating or identifying a person that the department
   36  believes to be a victim of a data breach or an improper use or
   37  disposal of customer records, except that information made
   38  confidential and exempt by paragraph (c) may not be released
   39  pursuant to this subparagraph; or
   40         3.To another governmental entity in the furtherance of its
   41  official duties and responsibilities.
   42         (c)Upon completion of an investigation or once an
   43  investigation ceases to be active, the following information
   44  received by the department shall remain confidential and exempt
   45  from s. 119.07(1) and s. 24(a), Art. I of the State
   46  Constitution:
   47         1.All information to which another public records
   48  exemption applies.
   49         2.Personal information.
   50         3.A computer forensic report.
   51         4.Information that would otherwise reveal weaknesses in
   52  the data security of a social media platform.
   53         5.Information that would disclose the proprietary
   54  information of a social media platform.
   55         (d)For purposes of this section, the term “proprietary
   56  information” means information that:
   57         1.Is owned or controlled by the social media platform.
   58         2.Is intended to be private and is treated by the social
   59  media platform as private because disclosure would harm the
   60  social media platform or its business operations.
   61         3.Has not been disclosed except as required by law or a
   62  private agreement that provides that the information will not be
   63  released to the public.
   64         4.Is not publicly available or otherwise readily
   65  ascertainable through proper means from another source in the
   66  same configuration as received by the department.
   67         5.Includes:
   68         a.Trade secrets as defined in s. 688.002.
   69         b.Competitive interests, the disclosure of which would
   70  impair the competitive advantage of the social media platform
   71  who is the subject of the information.
   72         (e)This section is subject to the Open Government Sunset
   73  Review Act in accordance with s. 119.15 and shall stand repealed
   74  on October 2, 2029, unless reviewed and saved from repeal
   75  through reenactment by the Legislature.
   76         Section 2. The Legislature finds that it is a public
   77  necessity that all information received by the Department of
   78  Legal Affairs pursuant to a notification of a violation of s.
   79  501.1736, Florida Statutes, or received by the department
   80  pursuant to an investigation by the department or a law
   81  enforcement agency of a violation of that section, be made
   82  confidential and exempt from s. 119.07(1), Florida Statutes, and
   83  s. 24(a), Article I of the State Constitution for the following
   84  reasons:
   85         (1)A notification of a violation of s. 501.1736, Florida
   86  Statutes, may result in an investigation of such violation. The
   87  premature release of such information could frustrate or thwart
   88  the investigation and impair the ability of the department to
   89  effectively and efficiently administer s. 501.1736, Florida
   90  Statutes. In addition, release of such information before
   91  completion of an active investigation could jeopardize the
   92  ongoing investigation.
   93         (2)Release of information to which another public records
   94  exemption applies once an investigation is completed or ceases
   95  to be active would undo the specific statutory exemption
   96  protecting that information.
   97         (3)An investigation of a violation of s. 501.1736, Florida
   98  Statutes, is likely to result in the gathering of sensitive
   99  personal information, including identification numbers, unique
  100  identifiers, professional or employment-related information, and
  101  personal financial information. Such information could be used
  102  for the purpose of identity theft. The release of such
  103  information could subject possible victims of data privacy
  104  violations to further harm.
  105         (4)Notices received by the department and information
  106  received during an investigation of a violation of s. 501.1736,
  107  Florida Statutes, are likely to contain proprietary information.
  108  Such information, including trade secrets, derives independent,
  109  economic value, actual or potential, from being generally
  110  unknown to, and not readily ascertainable by, other persons who
  111  might obtain economic value from its disclosure or use. Allowing
  112  public access to proprietary information, including a trade
  113  secret, through a public records request could destroy the value
  114  of the proprietary information and cause a financial loss to the
  115  social media platform. Release of such information could give
  116  business competitors an unfair advantage.
  117         (5)Information received by the department may contain a
  118  computer forensic report or information that could reveal
  119  weaknesses in the data security of a social media platform. The
  120  release of this information could result in the identification
  121  of vulnerabilities in the cybersecurity system of the social
  122  media platform and be used to harm the social media platform and
  123  clients.
  124         (6)The harm that may result from the release of
  125  information received by the department pursuant to a
  126  notification or investigation by the department or a law
  127  enforcement agency of a violation of s. 501.1736, Florida
  128  Statutes, could impair the effective and efficient
  129  administration of the investigation and thus, outweighs the
  130  public benefit that may be derived from the disclosure of the
  131  information.
  132         Section 3. This act shall take effect on the same date that
  133  SB 1788 or similar legislation takes effect, if such legislation
  134  is adopted in the same legislative session or an extension
  135  thereof and becomes a law.