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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Prefiled.html

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       Florida Senate - 2024                   (PROPOSED BILL) SPB 7006
       
       
        
       FOR CONSIDERATION By the Committee on Regulated Industries
       
       
       
       
       
       580-00911-24                                          20247006pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.0713, F.S., which
    4         provides an exemption from public records requirements
    5         for certain information held by a utility owned or
    6         operated by a unit of local government; removing the
    7         scheduled repeal of the exemption; amending s.
    8         286.0113, F.S., which provides an exemption from
    9         public meetings requirements for certain portions of
   10         meetings held by a utility owned or operated by a unit
   11         of local government; removing the scheduled repeal of
   12         the exemption; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (5) of section 119.0713, Florida
   17  Statutes, is amended to read:
   18         119.0713 Local government agency exemptions from inspection
   19  or copying of public records.—
   20         (5)(a) The following information held by a utility owned or
   21  operated by a unit of local government is exempt from s.
   22  119.07(1) and s. 24(a), Art. I of the State Constitution:
   23         1. Information related to the security of the technology,
   24  processes, or practices of a utility owned or operated by a unit
   25  of local government that are designed to protect the utility’s
   26  networks, computers, programs, and data from attack, damage, or
   27  unauthorized access, which information, if disclosed, would
   28  facilitate the alteration, disclosure, or destruction of such
   29  data or information technology resources.
   30         2. Information related to the security of existing or
   31  proposed information technology systems or industrial control
   32  technology systems of a utility owned or operated by a unit of
   33  local government, which, if disclosed, would facilitate
   34  unauthorized access to, and alteration or destruction of, such
   35  systems in a manner that would adversely impact the safe and
   36  reliable operation of the systems and the utility.
   37         3. Customer meter-derived data and billing information in
   38  increments less than one billing cycle.
   39         (b) This exemption applies to such information held by a
   40  utility owned or operated by a unit of local government before,
   41  on, or after the effective date of this exemption.
   42         (c) This subsection is subject to the Open Government
   43  Sunset Review Act in accordance with s. 119.15 and shall stand
   44  repealed on October 2, 2024, unless reviewed and saved from
   45  repeal through reenactment by the Legislature.
   46         Section 2. Subsection (3) of section 286.0113, Florida
   47  Statutes, is amended to read:
   48         286.0113 General exemptions from public meetings.—
   49         (3)(a) That portion of a meeting held by a utility owned or
   50  operated by a unit of local government which would reveal
   51  information that is exempt under s. 119.0713(5) is exempt from
   52  s. 286.011 and s. 24(b), Art. I of the State Constitution. All
   53  exempt portions of such a meeting must be recorded and
   54  transcribed. The recording and transcript of the meeting are
   55  exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I
   56  of the State Constitution unless a court of competent
   57  jurisdiction, following an in camera review, determines that the
   58  meeting was not restricted to the discussion of data and
   59  information made exempt by this section. In the event of such a
   60  judicial determination, only the portion of the recording or
   61  transcript which reveals nonexempt data and information may be
   62  disclosed to a third party.
   63         (b) This subsection is subject to the Open Government
   64  Sunset Review Act in accordance with s. 119.15 and shall stand
   65  repealed on October 2, 2024, unless reviewed and saved from
   66  repeal through reenactment by the Legislature.
   67         Section 3. This act shall take effect October 1, 2024.