Agency cybersecurity information; public records exemption; public meetings exemption.

(1) As used in this section, the term:

(a) “Breach” means unauthorized access of data or information. Good faith access of data or information by an employee or agent of an agency does not constitute a breach, provided that the data or information is not used for a purpose unrelated to the business or subject to further unauthorized use.

(b) “Critical infrastructure” means existing and proposed information technology and operational technology systems and assets, whether physical or virtual, the incapacity or destruction of which would negatively affect security, economic security, public health, or public safety.

(c) “Cybersecurity” means the protection afforded to information technology or operational technology in order to attain the applicable objectives of preserving the confidentiality, integrity, and availability of such technologies, data, and information.

(d) “Data” has the same meaning as in s. 282.0041.

(e) “Incident” means a violation or imminent threat of violation, whether such violation is accidental or deliberate, of an agency’s cybersecurity, information technology, or operational technology. As used in this paragraph, the term “imminent threat of violation” means a situation in which the agency has a factual basis for believing that a specific incident is about to occur.

(f) “Information technology” has the same meaning as in s. 282.0041.

(g) “Login credentials” means information used to authenticate a user’s identity or otherwise authorize access when logging into a computer, computer system, computer network, electronic device, or online user account accessible over the Internet through a mobile device, a website, or any other electronic means, or for authentication or password or account recovery.

(h) “Operational technology” means the hardware and software that cause or detect a change through the direct monitoring or control of physical devices, systems, processes, or events.

(i) “Public-facing portal” means a web portal or computer application accessible by the public over the Internet, whether through a mobile device, website, or other electronic means.

(2) The following information held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution:

(a) Information relating to critical infrastructure.

(b) Cybersecurity incident information reported pursuant to s. 282.318 or s. 282.3185.

(c) Network schematics, hardware and software configurations, encryption information, or any information that identifies detection, investigation, or response practices related to cybersecurity incidents, including breaches, if the disclosure of such information could facilitate unauthorized access to or unauthorized modification, disclosure, or destruction of data, information, or existing or proposed information technology or operational technology.

(d) Information relating to processes or practices designed to protect data, information, or existing or proposed information technology or operational technology if the disclosure of such information could facilitate unauthorized access to or unauthorized modification, disclosure, or destruction of such data, information, or technology.

(e) Portions of risk assessments, evaluation, audits, and other reports of an agency’s cybersecurity program if the disclosure of such information could facilitate unauthorized access to or unauthorized modification, disclosure, or destruction of data, information, or existing or proposed information technology or operational technology.

(f) Login credentials.

(g) Internet protocol addresses, geolocation data, and other information that describes the location, computer, computer system, or computer network from which a user accesses a public-facing portal, and the dates and times that a user accesses a public-facing portal.

(h) Agency-produced data processing software that is sensitive.

(i) Insurance and self-insurance coverage limits and deductibles, as well as any other risk mitigation coverages acquired for the protection of information technology, operational technology, or data of an agency.

(3) Any portion of a meeting that would reveal information made confidential and exempt under subsection (2) is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution. An exempt portion of a meeting may not be off the record and must be recorded and transcribed. The recording and transcript are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(4) The public records exemptions contained in this section apply to information held by an agency before, on, or after the effective date of the exemptions.

(5)(a) Information made confidential and exempt pursuant to this section shall be made available to a law enforcement agency, the Auditor General, the Cybercrime Office of the Department of Law Enforcement, the Florida Digital Service within the Department of Management Services, and, for agencies under the jurisdiction of the Governor, the Chief Inspector General.

(b) Such confidential and exempt information may be disclosed by an agency in the furtherance of its official duties and responsibilities or to another agency or governmental entity in the furtherance of the agency’s or governmental entity’s official duties and responsibilities.

(6) Agencies may report information about cybersecurity incidents in the aggregate.

(7) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2031, unless reviewed and saved from repeal through reenactment by the Legislature.