Florida SB 1346: Florida Statutes

Bill Text

1346 
Public Records/Department of Legal Affairs/Artificial Intelligence Violations 
2026-01-07T08:58:01Z 
Providing an exemption from public records requirements for information relating to investigations by the Department of Legal Affairs of certain violations relating to artificial intelligence violations; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
__ 

 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 
 21 to a notification of a violation under this section or an 
 22 investigation of a violation of this section is confidential and 
 23 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 
 24 Constitution, until such time as the investigation is completed 
 25 or ceases to be active. This exemption shall be construed in 
 26 conformity with s. 119.071(2)(c). 
 27 (b) During an active investigation, information made 
 28 confidential and exempt pursuant to paragraph (a) may be 
 29 disclosed by the department: 
 30 1. In the furtherance of its official duties and 
 31 responsibilities; 
 32 2. For print, publication, or broadcast if the department 
 33 determines that such release would assist in notifying the 
 34 public or locating or identifying a person whom the department 
 35 believes to be a victim of an improper use or disposal of 
 36 customer records, except that information made confidential and 
 37 exempt by paragraph (c) may not be released pursuant to this 
 38 subparagraph; or 
 39 3. To another governmental entity in the furtherance of its 
 40 official duties and responsibilities. 
 41 (c) Upon completion of an investigation or once an 
 42 investigation ceases to be active, the following information 
 43 held by the department shall remain confidential and exempt from 
 44 s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 
 45 1. Information that is otherwise confidential or exempt 
 46 from s. 119.07(1) or s. 24(a), Art. I of the State Constitution. 
 47 2. Personal identifying information. 
 48 3. A computer forensic report. 
 49 4. Information that would otherwise reveal weaknesses in 
 50 the data security of the operator. 
 51 5. Information that would disclose the proprietary 
 52 information of the operator. 
 53 (d) For purposes of this subsection, the term “proprietary 
 54 information” means information that: 
 55 1. Is owned or controlled by the operator; 
 56 2. Is intended to be private and is treated by the operator 
 57 as private because disclosure would harm the operator or their 
 58 business operations; 
 59 3. Has not been disclosed except as required by law or a 
 60 private agreement that provides that the information will not be 
 61 released to the public; 
 62 4. Is not publicly available or otherwise readily 
 63 ascertainable through proper means from another source in the 
 64 same configuration as received by the department; and 
 65 5. Reveals competitive interests, the disclosure of which 
 66 would impair the competitive advantage of the operator that is 
 67 the subject of the information. 
 68 (e) This subsection is subject to the Open Government 
 69 Sunset Review Act in accordance with s. 119.15 and shall stand 
 70 repealed on October 2, 2031, unless reviewed and saved from 
 71 repeal through reenactment by the Legislature. 
 72 Section 2. The Legislature finds that it is a public 
 73 necessity that all information received by the Department of 
 74 Legal Affairs pursuant to a notification of a violation of s. 
 75 501.1739, Florida Statutes, or an investigation under that 
 76 section be made confidential and exempt from s. 119.07(1), 
 77 Florida Statutes, and s. 24(a), Article I of the State 
 78 Constitution for the following reasons: 
 79 (1) A notification of a violation of s. 501.1739, Florida 
 80 Statutes, may result in an investigation of such violation. The 
 81 premature release of such information could frustrate or