PCB COM 21-02 (2021) — An act relating to public records
Summary
Proposed committee bill PCB COM 21-02 of 2021, a bill to be entitled an act relating to public records. It amends sections 287.137 and 501.2041 to provide public records exemptions for certain investigations by the Attorney General, the Department of Legal Affairs or a law enforcement agency into violations of certain social media actions. Information received stays confidential and exempt until an investigation is completed or ceases to be active, and afterward personal information, a computer forensic report and a business's proprietary information remain so. The bill defines "proprietary information" and includes a statement of public necessity. Section 4 sets an effective date of July 1, 2021, contingent on other legislation.
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“PCB COM 21-02 (2021) — An act relating to public records.”
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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
PCB COM 21-02 2021
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.
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26
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; or
47 2. To another governmental entity in performance of its
48 official duties and responsibilities.
49 (c) Once an investigation is completed or once an
50 investigation ceases to be active, the following information
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51 received by the Attorney General shall remain confidential and
52 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
53 Constitution:
54 1. All information to which another public records
55 exemption applies.
56 2. Personal information.
57 3. A computer forensic report.
58 4. Information that would otherwise reveal weaknesses in a
59 business's data security.
60 5. Information that would otherwise disclose a business's
61 proprietary information.
62 (d) For purposes of this subsection, the term "proprietary
63 information" means information that:
64 1. Is owned or controlled by the business.
65 2. Is intended to be private and is treated by the
66 business as private because disclosure would harm the business
67 or its business operations.
68 3. Has not been disclosed except as required by law or a
69 private agreement that provides that the information will not be
70 released to the public.
71 4. Is not publicly available or otherwise readily
72 ascertainable through proper means from another source in the
73 same configuration as received by the department.
74 5. Includes:
75 a. Trade secrets as defined in s. 688.002.
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76 b. Competitive interests, the disclosure of which would
77 impair the competitive business of the business that is the
78 subject of the information.
79 (e) This subsection is subject to the Open Government
80 Sunset Review Act in accordance with s. 119.15 and shall stand
81 repealed on October 1, 2026, unless reviewed and saved from
82 repeal through reenactment by the Legislature.
83 Section 2. Subsection (8) is added to section 501.2041,
84 Florida Statutes, as created by HB ____, 2021 Regular Session,
85 to read:
86 501.2041 Unlawful acts and practices by social media
87 platforms.—
88 (8)(a) All information received by the department pursuant
89 to an investigation by the department or a law enforcement
90 agency, is confidential and exempt from s. 119.07(1) and s.
91 24(a), Art. I of the State Constitution, until such time as the
92 investigation is completed or ceases to be active. This
93 exemption shall be construed in conformity with s.
94 119.071(2)(c).
95 (b) During an active investigation, information made
96 confidential and exempt pursuant to paragraph (a) may be
97 disclosed by the department:
98 1. In the performance of its official duties and
99 responsibilities; or
100 2. To another governmental entity in performance of its
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101 official duties and responsibilities.
102 (c) Upon completion of an investigation or once an
103 investigation ceases to be active, the following information
104 received by the department shall remain confidential and exempt
105 from s. 119.07(1) and s. 24(a), Art. I of the State
106 Constitution:
107 1. All information to which another public records
108 exemption applies.
109 2. Personal information.
110 3. A computer forensic report.
111 4. Information that would otherwise reveal weaknesses in a
112 business's data security.
113 5. Information that would otherwise disclose a business's
114 proprietary information.
115 (d) For purposes of this subsection, the term "proprietary
116 information" means information that:
117 1. Is owned or controlled by the business.
118 2. Is intended to be private and is treated by the
119 business as private because disclosure would harm the business
120 or its business operations.
121 3. Has not been disclosed except as required by law or a
122 private agreement that provides that the information will not be
123 released to the public.
124 4. Is not publicly available or otherwise readily
125 ascertainable through proper means from another source in the
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126 same configuration as received by the department.
127 5. Includes:
128 a. Trade secrets as defined in s. 688.002.
129 b. Competitive interests, the disclosure of which would
130 impair the competitive business of the business that is the
131 subject of the information.
132 (e) This subsection is subject to the Open Government
133 Sunset Review Act in accordance with s. 119.15 and shall stand
134 repealed on October 1, 2026, unless reviewed and saved from
135 repeal through reenactment by the Legislature.
136 Section 3. The Legislature finds that it is a public
137 necessity that all information received by the Department of
138 Legal Affairs and the Attorney General pursuant to a
139 notification of a violation of ss. 287.137 and 501.2041, Florida
140 Statutes, or received by the Department of Legal Affairs and the
141 Attorney General pursuant to an investigation by the department
142 or a law enforcement agency, be made confidential and exempt
143 from s. 119.07(1), Florida Statutes and s. 24(a), Article I of
144 the State Constitution for the following reasons:
145 (1) A notification of a violation of s. 501.172, Florida
146 Statutes, may result in an investigation of such violation. The
147 premature release of such information could frustrate or thwart
148 the investigation and impair the ability of the Department of
149 Legal Affairs and the Attorney General to effectively and
150 efficiently administer ss. 287.137 and 501.2041, Florida
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151 Statutes. In addition, release of such information before
152 completion of an active investigation could jeopardize the
153 ongoing investigation.
154 (2) The Legislature finds that it is a public necessity to
155 continue to protect from public disclosure all information to
156 which another public record exemption applies once an
157 investigation is completed or ceases to be active. Release of
158 such information by the Department of Legal Affairs and the
159 Attorney General would undo the specific statutory exemption
160 protecting that information.
161 (3) An investigation of social media platform activities
162 is likely to result in the gathering of sensitive personal
163 information, including social security numbers, identification
164 numbers, and personal financial information. Such information
165 could be used for the purpose of identity theft.
166 (4) Information received by the Department of Legal
167 Affairs and the Attorney General and information may contain
168 proprietary information, including trade secrets, about the
169 security of the breached system. The release of the proprietary
170 information could result in the identification of
171 vulnerabilities. In addition, a trade secret derives
172 independent, economic value, actual or potential, from being
173 generally unknown to, and not readily ascertainable by, other
174 persons who might obtain economic value from its disclosure or
175 use. Allowing public access to proprietary information,
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176 including trade secrets, through a public records request could
177 destroy the value of the proprietary information and cause a
178 financial loss to the business submitting the information.
179 Release of such information could give business competitors an
180 unfair advantage and weaken the position of the entity supplying
181 the proprietary information in the marketplace.
182 Section 4. This act shall take effect July 1, 2021, if HB
183 ___ or similar legislation takes effect, if such legislation is
184 adopted in the same legislative session or an extension thereof
185 and becomes a law.
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