Bill Text: FL S7006 | 2024 | Regular Session | Enrolled

Florida Senate Bill 7006 (Prior Session Legislation)

Bill Title: OGSR/Utility Owned or Operated by a Unit of Local Government

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2024-03-22 - Chapter No. 2024-24 [S7006 Detail]

Download: Florida-2024-S7006-Enrolled.html

       ENROLLED
       2024 Legislature                                  CS for SB 7006
       
       
       
       
       
       
                                                             20247006er
    1  
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.0713, F.S., which
    4         provides exemptions from public record requirements
    5         for information related to the security of certain
    6         technology, processes, practices, information
    7         technology systems, industrial control technology
    8         systems, and customer meter-derived data and billing
    9         information held by a utility owned or operated by a
   10         unit of local government; extending the date of
   11         scheduled repeal of public record exemptions relating
   12         to the security of certain technology, processes,
   13         practices, information technology systems, and
   14         industrial control technology systems; removing the
   15         scheduled repeal of the public record exemption
   16         related to customer meter-derived data and billing
   17         information; amending s. 286.0113, F.S., which
   18         provides an exemption from public meeting requirements
   19         for meetings held by a utility owned or operated by a
   20         unit of local government which would reveal certain
   21         information; extending the date of scheduled repeal of
   22         the exemption; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (5) of section 119.0713, Florida
   27  Statutes, is amended to read:
   28         119.0713 Local government agency exemptions from inspection
   29  or copying of public records.—
   30         (5)(a) The following information held by a utility owned or
   31  operated by a unit of local government is exempt from s.
   32  119.07(1) and s. 24(a), Art. I of the State Constitution:
   33         1. Information related to the security of the technology,
   34  processes, or practices of a utility owned or operated by a unit
   35  of local government that are designed to protect the utility’s
   36  networks, computers, programs, and data from attack, damage, or
   37  unauthorized access, which information, if disclosed, would
   38  facilitate the alteration, disclosure, or destruction of such
   39  data or information technology resources.
   40         2. Information related to the security of existing or
   41  proposed information technology systems or industrial control
   42  technology systems of a utility owned or operated by a unit of
   43  local government, which, if disclosed, would facilitate
   44  unauthorized access to, and alteration or destruction of, such
   45  systems in a manner that would adversely impact the safe and
   46  reliable operation of the systems and the utility.
   47         3. Customer meter-derived data and billing information in
   48  increments less than one billing cycle.
   49         (b) This exemption applies to such information held by a
   50  utility owned or operated by a unit of local government before,
   51  on, or after the effective date of this exemption.
   52         (c) Subparagraphs (a)1. and 2. are This subsection is
   53  subject to the Open Government Sunset Review Act in accordance
   54  with s. 119.15 and shall stand repealed on October 2, 2027 2024,
   55  unless reviewed and saved from repeal through reenactment by the
   56  Legislature.
   57         Section 2. Subsection (3) of section 286.0113, Florida
   58  Statutes, is amended to read:
   59         286.0113 General exemptions from public meetings.—
   60         (3)(a) That portion of a meeting held by a utility owned or
   61  operated by a unit of local government which would reveal
   62  information that is exempt under s. 119.0713(5) is exempt from
   63  s. 286.011 and s. 24(b), Art. I of the State Constitution. All
   64  exempt portions of such a meeting must be recorded and
   65  transcribed. The recording and transcript of the meeting are
   66  exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I
   67  of the State Constitution unless a court of competent
   68  jurisdiction, following an in camera review, determines that the
   69  meeting was not restricted to the discussion of data and
   70  information made exempt by this section. In the event of such a
   71  judicial determination, only the portion of the recording or
   72  transcript which reveals nonexempt data and information may be
   73  disclosed to a third party.
   74         (b) This subsection is subject to the Open Government
   75  Sunset Review Act in accordance with s. 119.15 and shall stand
   76  repealed on October 2, 2027 2024, unless reviewed and saved from
   77  repeal through reenactment by the Legislature.
   78         Section 3. This act shall take effect October 1, 2024.