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Florida Senate
-
2026
SB 1346
By
Senator Burton
12-00996-26 20261346__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 501.1739, F.S.; providing an exemption from public
4 records requirements for information relating to
5 investigations by the Department of Legal Affairs of
6 certain violations relating to artificial intelligence
7 violations; providing for future legislative review
8 and repeal of the exemption; providing a statement of
9 public necessity; providing a contingent effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Present subsection (12) of section 501.1739,
15 Florida Statutes, as created by SB ___ or similar legislation,
16 2026 Regular Session, is redesignated as subsection (13), and a
17 new subsection (12) is added to that section, to read:
18 501.1739 Companion artificial intelligence chatbots; system
19 operators regulated.—
20
(12)(a)
All information received by the department pursuant
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to a notification of a violation under this section or an
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investigation of a violation of this section is confidential and
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exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution, until such time as the investigation is completed
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or ceases to be active. This exemption shall be construed in
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conformity with s. 119.071(2)(c).
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(b)
During an active investigation, information made
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confidential and exempt pursuant to paragraph (a) may be
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disclosed by the department:
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1.
In the furtherance of its official duties and
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responsibilities;
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2.
For print, publication, or broadcast if the department
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determines that such release would assist in notifying the
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public or locating or identifying a person whom the department
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believes to be a victim of an improper use or disposal of
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customer records, except that information made confidential and
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exempt by paragraph (c) may not be released pursuant to this
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subparagraph; or
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3.
To another governmental entity in the furtherance of its
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official duties and responsibilities.
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(c)
Upon completion of an investigation or once an
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investigation ceases to be active, the following information
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held by the department shall remain confidential and exempt from
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s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
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1.
Information that is otherwise confidential or exempt
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from s. 119.07(1) or s. 24(a), Art. I of the State Constitution.
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2.
Personal identifying information.
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3.
A computer forensic report.
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4.
Information that would otherwise reveal weaknesses in
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the data security of the operator.
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5.
Information that would disclose the proprietary
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information of the operator.
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(d)
For purposes of this subsection, the term “proprietary
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information” means information that:
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1.
Is owned or controlled by the operator;
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2.
Is intended to be private and is treated by the operator
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as private because disclosure would harm the operator or their
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business operations;
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3.
Has not been disclosed except as required by law or a
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private agreement that provides that the information will not be
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released to the public;
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4.
Is not publicly available or otherwise readily
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ascertainable through proper means from another source in the
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same configuration as received by the department; and
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5.
Reveals competitive interests, the disclosure of which
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would impair the competitive advantage of the operator that is
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the subject of the information.
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(e)
This subsection is subject to the Open Government
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Sunset Review Act in accordance with s. 119.15 and shall stand
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repealed on October 2, 2031, unless reviewed and saved from
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repeal through reenactment by the Legislature.
72 Section 2.
The Legislature finds that it is a public
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necessity that all information received by the Department of
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Legal Affairs pursuant to a notification of a violation of s.
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501.1739, Florida Statutes, or an investigation under that
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section be made confidential and exempt from s. 119.07(1),
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Florida Statutes, and s. 24(a), Article I of the State
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Constitution for the following reasons:
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(1)
A notification of a violation of s. 501.1739, Florida
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Statutes, may result in an investigation of such violation. The
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premature release of such information could frustrate or thwart
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the investigation and impair the ability of the department to
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effectively and efficiently administer s. 501.1739, Florida
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Statutes. In addition, release of such information before
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completion of an active investigation could jeopardize the
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ongoing investigation.
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(2)
Release of information to which another public records
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exemption applies once an investigation is completed or ceases
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to be active would undo the specific statutory exemption
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protecting that information.
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(3)
An investigation of a violation of s. 501.1739, Florida
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Statutes, is likely to result in the gathering of sensitive
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personal information, including identification numbers, unique
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identifiers, professional or employment-related information, and
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personal financial information. Such information could be used
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for the purpose of identity theft. The release of such
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information could subject possible victims of violations
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relating to artificial intelligence to further harm.
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(4)
Notices received by the department and information
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received during an investigation of a violation of s. 501.1739,
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Florida Statutes, are likely to contain proprietary information.
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Such information, including trade secrets, derives its
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independent, economic value, actual or potential, from being
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generally unknown to, and not readily ascertainable by, other
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persons who might obtain economic value from its disclosure or
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use. Allowing public access to proprietary information,
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including a trade secret, through a public records request could
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destroy the value of the proprietary information and cause a
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financial loss to the operator. Release of such information
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could give business competitors an unfair advantage.
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(5)
Information received by the department may contain a
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computer forensic report or information that could reveal
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weaknesses in the data security of an operator. The release of
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this information could result in the identification of
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vulnerabilities in the cybersecurity system of the operator and
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be used to harm the operator and its clients.
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(6)
The harm that may result from the release of
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information received by the department pursuant to a
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notification or investigation by the department of a violation
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of s. 501.1739, Florida Statutes, could impair the effective and
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efficient administration of the investigation and, thus,
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outweighs the public benefit that may be derived from the
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disclosure of the information.
124 Section 3. This act shall take effect on the same date that
125 SB ___ or similar legislation takes effect, if such legislation
126 is adopted in the same legislative session or an extension
127 thereof and becomes a law.