Bill Amendment: FL S1694 | 2022 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Public Records and Public Meetings/Cybersecurity

Status: 2022-03-09 - Laid on Table, refer to CS/HB 7057 [S1694 Detail]

Download: Florida-2022-S1694-Senate_Committee_Amendment_369310.html

---

       Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1694
       
       
       
       
       
       
                                Ì369310wÎ369310                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Military and Veterans Affairs, Space, and
       Domestic Security (Hutson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) is added to section 282.3185,
    6  Florida Statutes, as created by SB 1670, 2022 Regular Session,
    7  to read:
    8         282.3185 Local government cybersecurity.—
    9         (3)(a) Information related to a cybersecurity incident or
   10  ransomware incident held by a political subdivision or state
   11  agency is confidential and exempt from s. 119.07(1) and s.
   12  24(a), Art. I of the State Constitution to the extent that
   13  disclosure of such information would facilitate unauthorized
   14  access to or the unauthorized modification, disclosure, or
   15  destruction of:
   16         1. Data or information, whether physical or virtual; or
   17         2. Information technology resources, including, but not
   18  limited to, the following:
   19         a. Information relating to the security of the local
   20  government’s technologies, processes, and practices designed to
   21  protect networks, computers, data processing software, and data
   22  from attack, damage, or unauthorized access.
   23         b. Security information, whether physical or virtual, which
   24  relates to the local government’s existing or proposed
   25  information technology systems.
   26         (b) Information made confidential and exempt under
   27  paragraph (a) may be disclosed by a political subdivision or
   28  state agency:
   29         1. In the furtherance of its official duties and
   30  responsibilities.
   31         2. To another governmental entity in the furtherance of its
   32  statutory duties and responsibilities.
   33         (c) Any portion of a meeting that would reveal information
   34  made confidential and exempt under paragraph (a) is exempt from
   35  s. 286.011 and s. 24(b), Art. I of the State Constitution. An
   36  exempt portion of a meeting may not be off the record and must
   37  be recorded and transcribed. The recording and transcript are
   38  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   39  of the State Constitution.
   40         (d) This subsection is subject to the Open Government
   41  Sunset Review Act in accordance with s. 119.15 and shall stand
   42  repealed on October 2, 2027, unless reviewed and saved from
   43  repeal through reenactment by the Legislature.
   44         Section 2. The Legislature finds that it is a public
   45  necessity that information related to a cybersecurity incident
   46  or ransomware incident held by a political subdivision or state
   47  agency be made confidential and exempt from s. 119.07(1),
   48  Florida Statutes, and s. 24(a), Article I of the State
   49  Constitution to the extent that disclosure of such information
   50  would facilitate unauthorized access to or the unauthorized
   51  modification, disclosure, or destruction of data or information,
   52  whether physical or virtual, or information technology
   53  resources. Such information includes proprietary information
   54  about the security of a government system, and disclosure of
   55  that information could result in the identification of
   56  vulnerabilities and further breaches of the government system.
   57  In addition, the disclosure of such information could compromise
   58  the integrity of a government’s data, information, or
   59  information technology resources, which would significantly
   60  impair the administration of vital programs. Therefore, this
   61  information should be made confidential and exempt in order to
   62  protect the government’s data, information, and information
   63  technology resources. The Legislature also finds that it is a
   64  public necessity that any portion of a meeting in which the
   65  confidential and exempt information is discussed be made exempt
   66  from s. 286.011, Florida Statutes, and s. 24(b), Article I of
   67  the State Constitution, and that any recordings and transcripts
   68  of those portions of a meeting in which the confidential and
   69  exempt information is discussed be made confidential and exempt
   70  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   71  the State Constitution. The failure to close that portion of a
   72  meeting at which confidential and exempt information is
   73  discussed, and prevent the disclosure of the recordings and
   74  transcripts of those portions of a meeting, would defeat the
   75  purpose of the underlying public records exemption and could
   76  result in the release of highly sensitive information related to
   77  the cybersecurity of a government system. For these reasons, the
   78  Legislature finds that these public records and public meetings
   79  exemptions are of the utmost importance and are a public
   80  necessity.
   81         Section 3. This act shall take effect on the same date that
   82  SB 1670 or similar legislation takes effect, if such legislation
   83  is adopted in the same legislative session or an extension
   84  thereof and becomes a law.
   85  
   86  ================= T I T L E  A M E N D M E N T ================
   87  And the title is amended as follows:
   88         Delete everything before the enacting clause
   89  and insert:
   90                        A bill to be entitled                      
   91         An act relating to public records and public meetings;
   92         amending s. 282.3185, F.S.; providing an exemption
   93         from public records requirements for certain
   94         information related to a cybersecurity incident or
   95         ransomware incident held by a political subdivision or
   96         state agency; authorizing the disclosure of the
   97         confidential and exempt information under certain
   98         circumstances; providing an exemption from public
   99         meetings requirements for portions of a meeting that
  100         would reveal certain information related to a
  101         cybersecurity incident or ransomware incident held by
  102         a political subdivision or state agency; requiring the
  103         recording and transcribing of exempt portions of such
  104         meetings; providing an exemption from public records
  105         requirements for such recordings and transcripts;
  106         providing for future legislative review and repeal of
  107         the exemptions; providing a statement of public
  108         necessity; providing a contingent effective date.