A Bill to Be Entitled: An Act Relating to Public Records — Florida House of Representatives
- Issuer
- Congressional materials
- Document type
- 2021 3098 Commerce Committee General Publications Fn Technology Transparency Public Record
Summary
A Florida House of Representatives workshop draft bill titled Technology Transparency Public Records, an act relating to public records, 8 pages long. Section 1 adds subsection (8) to section 287.137, Florida Statutes, making information received by the Attorney General in an investigation confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution while the investigation is active. Section 2 adds a parallel subsection (8) to section 501.2041, on unlawful acts and practices by social media platforms, for information received by the department. Both exemptions define proprietary information and stand repealed on October 1, 2026 unless saved by the Legislature. Section 3 states the public necessity for the exemptions, and Section 4 sets an effective date of July 1, 2021, contingent on related legislation.
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Cite this document
“A Bill to Be Entitled: An Act Relating to Public Records — Florida House of Representatives.”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-3098-commerce-committee-general-publications-fn-technology-transparency-public-records-workshop-draft/
, SHA-256 743d828328d191a9a23db165f100476e3600fe9f67d0ac1d74cbc3dc78b3835f.Full text
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1 A bill to be entitled
2 An act relating to public records; amending s.
3 287.137, F.S; providing a public records exemption for
4 certain investigations by the Attorney General or a
5 law enforcement agency into violations of certain
6 social media actions; providing that confidential and
7 exempt information may be disclosed under specified
8 conditions; requiring certain information to remain
9 confidential and exempt after an investigation is
10 complete or ceases to be active; defining the term
11 "proprietary information"; providing for future
12 legislative review and repeal of the exemptions;
13 amending s. 501.2041, F.S; providing a public records
14 exemption for certain investigations by the Department
15 of Legal Affairs or a law enforcement agency into
16 violations of certain social media actions; providing
17 that confidential and exempt information may be
18 disclosed under specified conditions; requiring
19 certain information to remain confidential and exempt
20 after an investigation is complete or ceases to be
21 active; providing for future legislative review and
22 repeal of the exemptions; defining the term
23 "proprietary information"; providing a statement of
24 public necessity; providing a contingent effective
25 date.
26
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27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (8) is added to section 287.137,
30 Florida Statutes, as created by HB ____,2021 Regular Session, to
31 read:
32 287.137 Antitrust violations; denial or revocation of the
33 right to transact business with public entities; denial of
34 economic benefits.—
35 (8)(a) All information received by the Attorney General
36 pursuant to an investigation by the Attorney General or a law
37 enforcement agency, is confidential and exempt from s.
38 119.07(1) and s. 24(a), Art. I of the State Constitution, until
39 such time as the investigation is completed or ceases to be
40 active. This exemption shall be construed in conformity with s.
41 119.071(2)(c).
42 (b) During an active investigation, information made
43 confidential and exempt pursuant to paragraph (a) may be
44 disclosed by the Attorney General:
45 1. In the performance its official duties and
46 responsibilities;
47 2. For print, publication, or broadcast, if the Attorney
48 General determines that the release would assist in notifying
49 the public or locating or identifying a person who the
50 department believes to be a victim of a data breach or an
51 improper disposal of customer records, except that information
52 made confidential and exempt pursuant to paragraph (c) may not
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53 be released as authorized under this subparagraph; or
54 3. To another governmental entity in performance of its
55 official duties and responsibilities.
56 (c) Once an investigation is completed or once an
57 investigation ceases to be active, the following information
58 received by the Attorney General shall remain confidential and
59 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
60 Constitution:
61 1. All information to which another public records
62 exemption applies.
63 2. Personal information.
64 3. A computer forensic report.
65 4. Information that would otherwise reveal weaknesses in a
66 business's data security.
67 5. Information that would otherwise disclose a business's
68 proprietary information.
69 (d) For purposes of this subsection, the term "proprietary
70 information" means information that:
71 1. Is owned or controlled by the business.
72 2. Is intended to be private and is treated by the
73 business as private because disclosure would harm the business
74 or its business operations.
75 3. Has not been disclosed except as required by law or a
76 private agreement that provides that the information will not be
77 released to the public.
78 4. Is not publicly available or otherwise readily
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79 ascertainable through proper means from another source in the
80 same configuration as received by the department.
81 5. Includes:
82 a. Trade secrets as defined in s. 688.002.
83 b. Competitive interests, the disclosure of which would
84 impair the competitive business of the business that is the
85 subject of the information.
86 (e) This subsection is subject to the Open Government
87 Sunset Review Act in accordance with s. 119.15 and shall stand
88 repealed on October 1, 2026, unless reviewed and saved from
89 repeal through reenactment by the Legislature.
90 Section 2. Subsection (8) is added to section 501.2041,
91 Florida Statutes, as created by HB ____, 2021 Regular Session,
92 to read:
93 501.2041 Unlawful acts and practices by social media
94 platforms.—
95 (8)(a) All information received by the department pursuant
96 to an investigation by the department or a law enforcement
97 agency, is confidential and exempt from s. 119.07(1) and s.
98 24(a), Art. I of the State Constitution, until such time as the
99 investigation is completed or ceases to be active. This
100 exemption shall be construed in conformity with s.
101 119.071(2)(c).
102 (b) During an active investigation, information made
103 confidential and exempt pursuant to paragraph (a) may be
104 disclosed by the department:
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105 1. In the performance of its official duties and
106 responsibilities;
107 2. For print, publication, or broadcast if the department
108 determines that the release would assist in notifying the public
109 or locating or identifying a person who the department believes
110 to be a victim of a data breach or an improper disposal of
111 customer records, except that information made confidential and
112 exempt pursuant to paragraph (c) may not be released as
113 authorized under this subparagraph; or
114 3. To another governmental entity in performance of its
115 official duties and responsibilities.
116 (c) Upon completion of an investigation or once an
117 investigation ceases to be active, the following information
118 received by the department shall remain confidential and exempt
119 from s. 119.07(1) and s. 24(a), Art. I of the State
120 Constitution:
121 1. All information to which another public records
122 exemption applies.
123 2. Personal information.
124 3. A computer forensic report.
125 4. Information that would otherwise reveal weaknesses in a
126 business's data security.
127 5. Information that would otherwise disclose a business's
128 proprietary information.
129 (d) For purposes of this subsection, the term "proprietary
130 information" means information that:
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131 1. Is owned or controlled by the business.
132 2. Is intended to be private and is treated by the
133 business as private because disclosure would harm the business
134 or its business operations.
135 3. Has not been disclosed except as required by law or a
136 private agreement that provides that the information will not be
137 released to the public.
138 4. Is not publicly available or otherwise readily
139 ascertainable through proper means from another source in the
140 same configuration as received by the department.
141 5. Includes:
142 a. Trade secrets as defined in s. 688.002.
143 b. Competitive interests, the disclosure of which would
144 impair the competitive business of the business that is the
145 subject of the information.
146 (e) This subsection is subject to the Open Government
147 Sunset Review Act in accordance with s. 119.15 and shall stand
148 repealed on October 1, 2026, unless reviewed and saved from
149 repeal through reenactment by the Legislature.
150 Section 3. The Legislature finds that it is a public
151 necessity that all information received by the Department of
152 Legal Affairs and the Attorney General pursuant to a
153 notification of a violation of ss. 287.137 and 501.2041, Florida
154 Statutes, or received by the Department of Legal Affairs and the
155 Attorney General pursuant to an investigation by the department
156 or a law enforcement agency, be made confidential and exempt
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157 from s. 119.07(1), Florida Statutes and s. 24(a), Article I of
158 the State Constitution for the following reasons:
159 (1) A notification of a violation of s. 501.172, Florida
160 Statutes, may result in an investigation of such violation. The
161 premature release of such information could frustrate or thwart
162 the investigation and impair the ability of the Department of
163 Legal Affairs and the Attorney General to effectively and
164 efficiently administer ss. 287.137 and 501.2041, Florida
165 Statutes. In addition, release of such information before
166 completion of an active investigation could jeopardize the
167 ongoing investigation.
168 (2) The Legislature finds that it is a public necessity to
169 continue to protect from public disclosure all information to
170 which another public record exemption applies once an
171 investigation is completed or ceases to be active. Release of
172 such information by the Department of Legal Affairs and the
173 Attorney General would undo the specific statutory exemption
174 protecting that information.
175 (3) An investigation of social media platform activities
176 is likely to result in the gathering of sensitive personal
177 information, including social security numbers, identification
178 numbers, and personal financial information. Such information
179 could be used for the purpose of identity theft.
180 (4) Information received by the Department of Legal
181 Affairs and the Attorney General and information may contain
182 proprietary information, including trade secrets, about the
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183 security of the breached system. The release of the proprietary
184 information could result in the identification of
185 vulnerabilities. In addition, a trade secret derives
186 independent, economic value, actual or potential, from being
187 generally unknown to, and not readily ascertainable by, other
188 persons who might obtain economic value from its disclosure or
189 use. Allowing public access to proprietary information,
190 including trade secrets, through a public records request could
191 destroy the value of the proprietary information and cause a
192 financial loss to the business submitting the information.
193 Release of such information could give business competitors an
194 unfair advantage and weaken the position of the entity supplying
195 the proprietary information in the marketplace.
196 Section 4. This act shall take effect July 1, 2021, if HB
197 ___ or similar legislation takes effect, if such legislation is
198 adopted in the same legislative session or an extension thereof
199 and becomes a law.
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