Florida 2024 Regular Session Status: Enacted 2 R cosponsors

HB 1491 — Pub. Rec./Investigations by the Department of Legal Affairs

Last action — Chapter No. 2024-54; companion bill(s) passed, see CS/CS/HB 3 (Ch. 2024-42)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 08, 2024. Enacted.

Signed by Governor Ron DeSantis (Republican) on April 02, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Pub. Rec./Investigations by the Department of Legal Affairs; Providing an exemption from public records requirements for information relating to investigations by the Department of Legal Affairs of certain social media violations; authorizing the department to disclose such information for specified purposes; providing for future legislative review and repeal of the exemption; providing an exemption from public records requirements for information relating to investigations by the department of certain age verification violations; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.

Bill Text

What changed in the latest version

130 added · 126 removed

130 line(s) added, 126 removed.

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Latest
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1491 2024 A bill to be entitled An act relating to public records;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1491 2024 A bill to be entitled An act relating to public records;
providing an exemption from public records requirements for information relating to investigations by the Department of Legal Affairs of certain age verification violations;
providing an exemption from public records requirements for information relating to investigations by the Department of Legal Affairs and law enforcement agencies of certain data privacy violations;
authorizing the department to disclose such information for specified purposes;
501.1737 Age verification for online access to materials harmful to minors.— (8)(a) All information held by the department pursuant to a notification of a violation under this section or an investigation of a violation of this section is confidential and exempt from s.
501.1737 Age verification for online access to materials harmful to minors.— (8)(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.
I of the State Constitution, until such time as the investigation is completed Page 1of 6 CODING:
I of the State Constitution, until such time as the investigation Page 1of 6 CODING:
hb1491-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1491 2024 or ceases to be active.
hb1491-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1491 2024 is completed or ceases to be active.
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 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;
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;
(c) Upon completion of an investigation or once an investigation ceases to be active, the following information held by the department shall remain confidential and exempt from s.
(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.
Information that is otherwise confidential or exempt from s.
All information to which another public records exemption applies.
119.07(1) or s.
24(a), Art.
I of the State Constitution.
Personal identifying information.
Personal information.
4.
Page 2of 6 CODING:
Information that would otherwise reveal weaknesses in Page 2of 6 CODING:
hb1491-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1491 2024 the data security of the commercial entity.
hb1491-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1491 2024 4.
Information that would otherwise reveal weaknesses in the data security of the commercial entity.
Reveals competitive interests, the disclosure of which would impair the competitive advantage of the commercial entity who is the subject of the information.
Includes:
a.
Trade secrets as defined in s.
688.002.
b.
Competitive interests, the disclosure of which would impair the competitive advantage of the commercial entity who is the subject of the information.
Section 2.
The Legislature finds that it is a public necessity that all information held by the Department of Legal Affairs pursuant to a notification of a violation of s.
hb1491-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1491 2024 501.1737, Florida Statutes, or an investigation of a violation of that section, be made confidential and exempt from s.
hb1491-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1491 2024 Section 2.
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.
501.1737, 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.
(2) Release of information that is otherwise confidential or exempt from public records requirements once an investigation is completed or ceases to be active would undo the specific statutory exemption protecting that information;
(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.
thus, clarifying that any protections currently afforded to that information are not removed.
501.1737, Florida Statutes, is likely to result in the gathering of sensitive personal identifying information, which could include identification numbers, unique identifiers, professional or employment-related information, and personal financial information.
501.1737, Florida Statutes, is likely to result in the gathering of sensitive personal information, including identification numbers, unique identifiers, professional or employment-related Page 4of 6 CODING:
Such information could be used for the purpose of identity theft.
The release of such information could subject Page 4of 6 CODING:
hb1491-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1491 2024 individuals to possible privacy violations, as it would reveal information of a sensitive personal nature.
hb1491-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1491 2024 information, and personal financial information.
(4) Notices received by the department and information generated during an investigation of a violation of s.
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.
Such information 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.
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 information through a public records request could destroy the value of the proprietary information and cause a financial loss to the commercial entity.
Allowing public access to proprietary information, including a trade secret, through a public records request could destroy the value of the proprietary information and cause a financial loss to the commercial entity.
(5) Information held by the department may contain a computer forensic report or information that could reveal weaknesses in the data security of the commercial entity.
(5) Information received by the department may contain a computer forensic report or information that could reveal weaknesses in the data security of the commercial entity.
Show all 45 changed rows (5 more)
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(6) The harm that may result from the release of information held by the department pursuant to a notification or investigation by the department of a violation of s.
(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 Page 5of 6 CODING:
501.1737, 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 Page 5of 6 CODING:
hb1491-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1491 2024 information.
hb1491-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1491 2024 enforcement agency of a violation of s.
501.1737, 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.
hb1491-02-c2
hb1491-01-c1
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Action History

  1. Chapter No. 2024-54; companion bill(s) passed, see CS/CS/HB 3 (Ch. 2024-42)

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered engrossed, then enrolled

  5. CS passed as amended; YEAS 113, NAYS 0

  6. Amendment 644660 Concur

  7. Added to Senate Message List

  8. In Messages

  9. CS passed as amended; YEAS 30 NAYS 5

  10. Read 3rd time

  11. Amendment(s) adopted (644660)

  12. Read 2nd time

  13. Placed on Special Order Calendar, 03/04/24

  14. Placed on Calendar, on 2nd reading

  15. Withdrawn from Fiscal Policy

  16. Placed on Special Order Calendar, 02/21/24 --If Received

  17. On Committee agenda-- Fiscal Policy, 02/15/24, 12:00 pm, 412 Knott Building --Temporarily Postponed

  18. Received

  19. Referred to Fiscal Policy

  20. In Messages

  21. CS passed; YEAS 117, NAYS 0

  22. Read 3rd time

  23. Added to Third Reading Calendar

  24. Placed on 3rd reading

  25. Read 2nd time

  26. 1st Reading (Committee Substitute 2)

  27. Bill added to Special Order Calendar (1/23/2024)

  28. Bill referred to House Calendar

  29. CS Filed

  30. Laid on Table under Rule 7.18(a)

  31. Reported out of State Affairs Committee

  32. Favorable with CS by State Affairs Committee

  33. Added to State Affairs Committee agenda

  34. Now in State Affairs Committee

  35. Referred to State Affairs Committee

  36. 1st Reading (Committee Substitute 1)

  37. CS Filed

  38. Laid on Table under Rule 7.18(a)

  39. Reported out of Regulatory Reform & Economic Development Subcommittee

  40. Favorable with CS by Regulatory Reform & Economic Development Subcommittee

  41. 1st Reading (Original Filed Version)

  42. Added to Regulatory Reform & Economic Development Subcommittee agenda

  43. Now in Regulatory Reform & Economic Development Subcommittee

  44. Referred to State Affairs Committee

  45. Referred to Regulatory Reform & Economic Development Subcommittee

  46. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

4 sponsors · 0 co-sponsors · 160 not signed on · 3 voted No

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (160)

160 members have not signed on to this bill.

Show all 160 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 113 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 64002
Unaffiliated 24001
Democrat 25004
Total 113007
% of votes cast 94%0%0%6%
How each member voted (120)
Member Party Vote
Altman — Yea
Payne — Yea
Amesty — Yea
Fine — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grant — Yea
Beltran — Yea
Rommel — Yea
Benjamin — Yea
Roth — Yea
Rudman — Yea
Silvers — Yea
Keen — Yea
Killebrew — Yea
Stevenson — Yea
Caruso — Yea
Temple — Yea
Tomkow — Yea
Clemons — Yea
Waldron — Yea
Williams — Yea
Casello — Not Voting
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Bracy Davis, LaVon Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Cross, Lindsay Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Not Voting
Driskell, Fentrice Democrat Yea
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Not Voting
Eskamani, Dr. Anna V. Democrat Yea
Franklin II, Gallop Democrat Yea
Gantt, Ashley Viola Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Harris, Jennifer "Rita" Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Not Voting
López, Johanna Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Not Voting
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Yea
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Yea
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Yea
Duggan, Wyman Republican Yea
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garcia, Ileana Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Not Voting
Michael, Kiyan Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Porras, Juan Carlos Republican Yea
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Yea
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Not Voting
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Third Reading

Passed 30 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 18004
Democrat 2301
Unaffiliated 9200
No Party Affiliation 1000
Total 30505
% of votes cast 75%13%0%13%
How each member voted (40)
Member Party Vote
Powell — Nay
Baxley — Yea
Book — Yea
Stewart — Yea
Hutson — Yea
Ingoglia — Yea
Torres — Nay
Broxson — Yea
Collins — Yea
Perry — Yea
Thompson, Geraldine F. "Geri" — Yea
Berman, Lori Democrat Nay
Davis, Tracie Democrat Nay
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Nay
Rouson, Darryl Ervin Democrat Not Voting
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Not Voting
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Not Voting
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Not Voting
Vacant Republican Yea
Wright, Tom A. Republican Not Voting
Yarborough, Clay Republican Yea

Official roll call →

Passage, Third Reading

Passed 117 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 63003
Democrat 29000
Unaffiliated 25000
Total 117003
% of votes cast 98%0%0%3%
How each member voted (120)
Member Party Vote
Altman — Yea
Payne — Yea
Amesty — Yea
Fine — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grant — Yea
Beltran — Yea
Rommel — Yea
Benjamin — Yea
Roth — Yea
Rudman — Yea
Silvers — Yea
Keen — Yea
Killebrew — Yea
Stevenson — Yea
Caruso — Yea
Casello — Yea
Temple — Yea
Tomkow — Yea
Clemons — Yea
Waldron — Yea
Williams — Yea
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Bracy Davis, LaVon Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Cross, Lindsay Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Yea
Driskell, Fentrice Democrat Yea
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Franklin II, Gallop Democrat Yea
Gantt, Ashley Viola Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Harris, Jennifer "Rita" Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
López, Johanna Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Not Voting
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Yea
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Yea
Duggan, Wyman Republican Yea
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garcia, Ileana Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Michael, Kiyan Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Not Voting
Plasencia, Susan Republican Not Voting
Porras, Juan Carlos Republican Yea
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Yea
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Yea
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does HB 1491 do?
Pub. Rec./Investigations by the Department of Legal Affairs; Providing an exemption from public records requirements for information relating to investigations by the Department of Legal Affairs of certain social media violations; authorizing the department to disclose such information for specified purposes; providing for future legislative review and repeal of the exemption; providing an exemption from public records requirements for information relating to investigations by the department of certain age verification violations; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.
Who sponsors HB 1491?
HB 1491 is sponsored by State Affairs Committee, Tramont, Chase (Republican), Overdorf, Tobin Rogers "Toby" (Republican), and Regulatory Reform & Economic Development Subcommittee.
What is the current status of HB 1491?
This bill has been enacted into law. Introduced January 08, 2024. Enacted.
Where can I track HB 1491?
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