Florida Senate - 2026                                    SB 1346
       
       
        
       By Senator Burton
       
       
       
       
       
       12-00996-26                                           20261346__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         501.1739, F.S.; providing an exemption from public
    4         records requirements for information relating to
    5         investigations by the Department of Legal Affairs of
    6         certain violations relating to artificial intelligence
    7         violations; providing for future legislative review
    8         and repeal of the exemption; providing a statement of
    9         public necessity; providing a contingent effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present subsection (12) of section 501.1739,
   15  Florida Statutes, as created by SB ___ or similar legislation,
   16  2026 Regular Session, is redesignated as subsection (13), and a
   17  new subsection (12) is added to that section, to read:
   18         501.1739 Companion artificial intelligence chatbots; system
   19  operators regulated.—
   20         (12)(a)All information received by the department pursuant
   21  to a notification of a violation under this section or an
   22  investigation of a violation of this section is confidential and
   23  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   24  Constitution, until such time as the investigation is completed
   25  or ceases to be active. This exemption shall be construed in
   26  conformity with s. 119.071(2)(c).
   27         (b)During an active investigation, information made
   28  confidential and exempt pursuant to paragraph (a) may be
   29  disclosed by the department:
   30         1.In the furtherance of its official duties and
   31  responsibilities;
   32         2.For print, publication, or broadcast if the department
   33  determines that such release would assist in notifying the
   34  public or locating or identifying a person whom the department
   35  believes to be a victim of an improper use or disposal of
   36  customer records, except that information made confidential and
   37  exempt by paragraph (c) may not be released pursuant to this
   38  subparagraph; or
   39         3.To another governmental entity in the furtherance of its
   40  official duties and responsibilities.
   41         (c)Upon completion of an investigation or once an
   42  investigation ceases to be active, the following information
   43  held by the department shall remain confidential and exempt from
   44  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
   45         1.Information that is otherwise confidential or exempt
   46  from s. 119.07(1) or s. 24(a), Art. I of the State Constitution.
   47         2.Personal identifying information.
   48         3.A computer forensic report.
   49         4.Information that would otherwise reveal weaknesses in
   50  the data security of the operator.
   51         5.Information that would disclose the proprietary
   52  information of the operator.
   53         (d)For purposes of this subsection, the term “proprietary
   54  information” means information that:
   55         1.Is owned or controlled by the operator;
   56         2.Is intended to be private and is treated by the operator
   57  as private because disclosure would harm the operator or their
   58  business operations;
   59         3.Has not been disclosed except as required by law or a
   60  private agreement that provides that the information will not be
   61  released to the public;
   62         4.Is not publicly available or otherwise readily
   63  ascertainable through proper means from another source in the
   64  same configuration as received by the department; and
   65         5.Reveals competitive interests, the disclosure of which
   66  would impair the competitive advantage of the operator that is
   67  the subject of the information.
   68         (e)This subsection is subject to the Open Government
   69  Sunset Review Act in accordance with s. 119.15 and shall stand
   70  repealed on October 2, 2031, unless reviewed and saved from
   71  repeal through reenactment by the Legislature.
   72         Section 2. The Legislature finds that it is a public
   73  necessity that all information received by the Department of
   74  Legal Affairs pursuant to a notification of a violation of s.
   75  501.1739, Florida Statutes, or an investigation under that
   76  section be made confidential and exempt from s. 119.07(1),
   77  Florida Statutes, and s. 24(a), Article I of the State
   78  Constitution for the following reasons:
   79         (1)A notification of a violation of s. 501.1739, Florida
   80  Statutes, may result in an investigation of such violation. The
   81  premature release of such information could frustrate or thwart
   82  the investigation and impair the ability of the department to
   83  effectively and efficiently administer s. 501.1739, Florida
   84  Statutes. In addition, release of such information before
   85  completion of an active investigation could jeopardize the
   86  ongoing investigation.
   87         (2)Release of information to which another public records
   88  exemption applies once an investigation is completed or ceases
   89  to be active would undo the specific statutory exemption
   90  protecting that information.
   91         (3)An investigation of a violation of s. 501.1739, Florida
   92  Statutes, is likely to result in the gathering of sensitive
   93  personal information, including identification numbers, unique
   94  identifiers, professional or employment-related information, and
   95  personal financial information. Such information could be used
   96  for the purpose of identity theft. The release of such
   97  information could subject possible victims of violations
   98  relating to artificial intelligence to further harm.
   99         (4)Notices received by the department and information
  100  received during an investigation of a violation of s. 501.1739,
  101  Florida Statutes, are likely to contain proprietary information.
  102  Such information, including trade secrets, derives its
  103  independent, economic value, actual or potential, from being
  104  generally unknown to, and not readily ascertainable by, other
  105  persons who might obtain economic value from its disclosure or
  106  use. Allowing public access to proprietary information,
  107  including a trade secret, through a public records request could
  108  destroy the value of the proprietary information and cause a
  109  financial loss to the operator. Release of such information
  110  could give business competitors an unfair advantage.
  111         (5)Information received by the department may contain a
  112  computer forensic report or information that could reveal
  113  weaknesses in the data security of an operator. The release of
  114  this information could result in the identification of
  115  vulnerabilities in the cybersecurity system of the operator and
  116  be used to harm the operator and its clients.
  117         (6)The harm that may result from the release of
  118  information received by the department pursuant to a
  119  notification or investigation by the department of a violation
  120  of s. 501.1739, Florida Statutes, could impair the effective and
  121  efficient administration of the investigation and, thus,
  122  outweighs the public benefit that may be derived from the
  123  disclosure of the information.
  124         Section 3. This act shall take effect on the same date that
  125  SB ___ or similar legislation takes effect, if such legislation
  126  is adopted in the same legislative session or an extension
  127  thereof and becomes a law.