How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(9)(a) All information received by the department pursuant to a notification of a violation under this section, or received by the department pursuant to an investigation by the department or a law enforcement agency of a violation of this section, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, until such time as the investigation is completed or ceases to be active. This exemption shall be construed in conformity with s. 119.071(2)(c).
(9)(b) During an active investigation, information made confidential and exempt pursuant to paragraph (a) may be disclosed by the department: 1. In the furtherance of its official duties and responsibilities; 2. For print, publication, or broadcast if the department determines that such release would assist in notifying the public or locating or identifying a person who the department believes to be a victim of a data breach or an improper use or disposal of customer records, except that information made confidential and exempt by paragraph (c) may not be released pursuant to this subparagraph; or 3. To another governmental entity in the furtherance of its official duties and responsibilities.
This provision makes all information received by the Department of Legal Affairs — whether through a violation notification or during an investigation — confidential and exempt from Florida's public records law for the duration of an active investigation. Three narrow exceptions allow disclosure during an active investigation: for the department's official duties, for public notification to assist victims, and to other governmental entities. This is a government records-handling provision and imposes no compliance obligations on private parties.
(9)(c) Upon completion of an investigation or once an investigation ceases to be active, the following information received by the department shall remain confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 1. All information to which another public records exemption applies. 2. Personal information. 3. A computer forensic report. 4. Information that would otherwise reveal weaknesses in the data security of the business operations of the entity or person. 5. Information that would disclose the proprietary information of the business operations of the entity or person.
(9)(d) For purposes of this subsection, the term "proprietary informationProprietary information"Proprietary information" means information that: 1. Is owned or controlled by the entity or person. 2. Is intended to be private and is treated by the entity or person as private because disclosure would harm the entity or person. 3. Has not been disclosed except as required by law or a private agreement that provides that the information will not be released to the public. 4. Is not publicly available or otherwise readily ascertainable through proper means from another source in the same configuration as received by the department. 5. Includes: a. Trade secrets as defined in s. 688.002. b. Competitive interests, the disclosure of which would impair the competitive advantage of the business operations of the entity or person who is the subject of the information.Fla. Stat. § 501.174(9)(d)" means information that: 1. Is owned or controlled by the entity or person. 2. Is intended to be private and is treated by the entity or person as private because disclosure would harm the entity or person. 3. Has not been disclosed except as required by law or a private agreement that provides that the information will not be released to the public. 4. Is not publicly available or otherwise readily ascertainable through proper means from another source in the same configuration as received by the department. 5. Includes: a. Trade secrets as defined in s. 688.002. b. Competitive interests, the disclosure of which would impair the competitive advantage of the business operations of the entity or person who is the subject of the information.
Upon completion of an investigation or once it becomes inactive, five categories of information remain permanently confidential and exempt: information already covered by another public records exemption, personal information, computer forensic reports, information revealing data-security weaknesses, and proprietary information (including trade secrets). The subsection defines proprietary information through a five-element test requiring private ownership, intent to maintain confidentiality, limited prior disclosure, non-public availability, and inclusion of trade secrets or competitively sensitive interests. This provision creates no compliance obligations for private parties — it governs the Department's post-investigation records retention.
(9)(e) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature.
The public records exemption is subject to the Open Government Sunset Review Act and would stand repealed on October 2, 2029, unless reenacted by the Legislature. This is a standard Florida sunset provision for public records exemptions and imposes no compliance obligation on private parties.
The Legislature finds that it is a public necessity that all information received by the Department of Legal Affairs pursuant to a notification of a violation of s. 501.174, Florida Statutes, or received by the department pursuant to an investigation by the department or a law enforcement agency of a violation of that section, be made confidential and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution for the following reasons: (1) A notification of a violation of s. 501.174, Florida Statutes, may result in an investigation of such violation. The premature release of such information could frustrate or thwart the investigation and impair the ability of the department to effectively and efficiently administer s. 501.174, Florida Statutes. In addition, release of such information before completion of an active investigation could jeopardize the ongoing investigation. (2) Release of information to which another public records exemption applies once an investigation is completed or ceases to be active would undo the specific statutory exemption protecting that information. (3) An investigation of a violation of s. 501.174, Florida Statutes, is likely to result in the gathering of sensitive personal information, including identification numbers, unique identifiers, professional or employment-related information, and personal financial information. Such information could be used for the purpose of identity theft. The release of such information could subject possible victims of data privacy violations to further harm. (4) Notices received by the department and information received during an investigation of a violation of s. 501.174, Florida Statutes, are likely to contain proprietary informationProprietary information"Proprietary information" means information that: 1. Is owned or controlled by the entity or person. 2. Is intended to be private and is treated by the entity or person as private because disclosure would harm the entity or person. 3. Has not been disclosed except as required by law or a private agreement that provides that the information will not be released to the public. 4. Is not publicly available or otherwise readily ascertainable through proper means from another source in the same configuration as received by the department. 5. Includes: a. Trade secrets as defined in s. 688.002. b. Competitive interests, the disclosure of which would impair the competitive advantage of the business operations of the entity or person who is the subject of the information.Fla. Stat. § 501.174(9)(d). Such information, including trade secrets, derives independent, economic value, actual or potential, from being generally unknown to, and not readily ascertainable by, other persons who might obtain economic value from its disclosure or use. Allowing public access to proprietary informationProprietary information"Proprietary information" means information that: 1. Is owned or controlled by the entity or person. 2. Is intended to be private and is treated by the entity or person as private because disclosure would harm the entity or person. 3. Has not been disclosed except as required by law or a private agreement that provides that the information will not be released to the public. 4. Is not publicly available or otherwise readily ascertainable through proper means from another source in the same configuration as received by the department. 5. Includes: a. Trade secrets as defined in s. 688.002. b. Competitive interests, the disclosure of which would impair the competitive advantage of the business operations of the entity or person who is the subject of the information.Fla. Stat. § 501.174(9)(d), including a trade secret, through a public records request could destroy the value of the proprietary informationProprietary information"Proprietary information" means information that: 1. Is owned or controlled by the entity or person. 2. Is intended to be private and is treated by the entity or person as private because disclosure would harm the entity or person. 3. Has not been disclosed except as required by law or a private agreement that provides that the information will not be released to the public. 4. Is not publicly available or otherwise readily ascertainable through proper means from another source in the same configuration as received by the department. 5. Includes: a. Trade secrets as defined in s. 688.002. b. Competitive interests, the disclosure of which would impair the competitive advantage of the business operations of the entity or person who is the subject of the information.Fla. Stat. § 501.174(9)(d) and cause a financial loss to the entity or person. Release of such information could give business competitors an unfair advantage. (5) Information received by the department may contain a computer forensic report or information that could reveal weaknesses in the data security of the business operations of the entity or person. The release of this information could result in the identification of vulnerabilities in the cybersecurity system of the business operations of the entity or person and be used to harm the entity or person and clients. (6) The harm that may result from the release of information received by the department pursuant to a notification or investigation by the department or a law enforcement agency of a violation of s. 501.174, Florida Statutes, could impair the effective and efficient administration of the investigation and thus, outweighs the public benefit that may be derived from the disclosure of the information.
Section 2 provides the constitutionally required statement of public necessity justifying the public records exemption. It identifies six rationales: protecting active investigations from premature disclosure, preserving other statutory exemptions, shielding sensitive personal information from identity theft, protecting proprietary information and trade secrets, safeguarding cybersecurity vulnerability data, and the overarching finding that the harm from disclosure outweighs the public benefit. This is a legislative finding and creates no compliance obligation.
This act shall take effect on the same date that SB ____ or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.
The act's effective date is contingent on the enactment of the underlying AI transparency bill (referenced as "SB ____ or similar legislation") from the same 2024 Regular Session. Since the underlying bill was not enacted, this contingency was never satisfied.