Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 738
       
       
       
       
       
       
                                Ì785894`Î785894                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/15/2018           .                                
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       The Committee on Rules (Perry) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (3) of section
    6  119.071, Florida Statutes, is amended to read:
    7         119.071 General exemptions from inspection or copying of
    8  public records.—
    9         (3) SECURITY AND FIRESAFETY.—
   10         (a)1. As used in this paragraph, the term “security or
   11  firesafety system plan” includes all:
   12         a. Records, information, photographs, audio and visual
   13  presentations, schematic diagrams, surveys, recommendations, or
   14  consultations or portions thereof relating directly to the
   15  physical security or firesafety of the facility or revealing
   16  security or firesafety systems;
   17         b. Threat assessments conducted by any agency or any
   18  private entity;
   19         c. Threat response plans;
   20         d. Emergency evacuation plans;
   21         e. Sheltering arrangements; or
   22         f. Manuals for security or firesafety personnel, emergency
   23  equipment, or security or firesafety training.
   24         2. A security or firesafety system plan or portion thereof
   25  for:
   26         a. Any property owned by or leased to the state or any of
   27  its political subdivisions; or
   28         b. Any privately owned or leased property
   29  
   30  held by an agency is confidential and exempt from s. 119.07(1)
   31  and s. 24(a), Art. I of the State Constitution. This exemption
   32  is remedial in nature, and it is the intent of the Legislature
   33  that this exemption apply to security or firesafety system plans
   34  held by an agency before, on, or after the effective date of
   35  this paragraph. This paragraph is subject to the Open Government
   36  Sunset Review Act in accordance with s. 119.15 and shall stand
   37  repealed on October 2, 2023, unless reviewed and saved from
   38  repeal through reenactment by the Legislature.
   39         3. Information made confidential and exempt by this
   40  paragraph may be disclosed:
   41         a. To the property owner or leaseholder;
   42         b. In furtherance of the official duties and
   43  responsibilities of the agency holding the information;
   44         c. To another local, state, or federal agency in
   45  furtherance of that agency’s official duties and
   46  responsibilities; or
   47         d. Upon a showing of good cause before a court of competent
   48  jurisdiction.
   49         Section 2. Subsection (1) of section 281.301, Florida
   50  Statutes, is amended to read:
   51         281.301 Security and firesafety systems; records and
   52  meetings exempt from public access or disclosure.—
   53         (1) Information relating to the security or firesafety
   54  systems for any property owned by or leased to the state or any
   55  of its political subdivisions, and information relating to the
   56  security or firesafety systems for any privately owned or leased
   57  property which is in the possession of any agency as defined in
   58  s. 119.011(2), including all records, information, photographs,
   59  audio and visual presentations, schematic diagrams, surveys,
   60  recommendations, or consultations or portions thereof relating
   61  directly to or revealing such systems or information is
   62  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   63  of the State Constitution, and any portion of a meeting all
   64  meetings relating directly to or that would reveal such systems
   65  or information is are confidential and exempt from s. 286.011
   66  and s. 24(b), Art. I of the State Constitution, ss. 119.07(1)
   67  and 286.011 and other laws and rules requiring public access or
   68  disclosure. 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, 2023, unless reviewed and saved from
   71  repeal through reenactment by the Legislature.
   72         Section 3. Subsection (1) of section 286.0113, Florida
   73  Statutes, is amended to read:
   74         286.0113 General exemptions from public meetings.—
   75         (1) That portion of a meeting that would reveal a security
   76  or firesafety system plan or portion thereof made confidential
   77  and exempt by s. 119.071(3)(a) is exempt from s. 286.011 and s.
   78  24(b), Art. I of the State Constitution. This subsection is
   79  subject to the Open Government Sunset Review Act in accordance
   80  with s. 119.15 and shall stand repealed on October 2, 2023,
   81  unless reviewed and saved from repeal through reenactment by the
   82  Legislature.
   83         Section 4. (1) The Legislature finds that it is a public
   84  necessity that:
   85         (a) Firesafety system plans held by an agency be made
   86  confidential and exempt from s. 119.07(1), Florida Statutes, and
   87  s. 24(a), Art. I of the State Constitution.
   88         (b) Information relating to firesafety systems for any
   89  property owned by or leased to the state or any of its political
   90  subdivisions or which is in the possession of an agency be made
   91  confidential and exempt from s. 119.07(1), Florida Statutes, and
   92  s. 24(a), Art. I of the State Constitution, and any portion of a
   93  meeting relating directly to or that would reveal such systems
   94  or information be made exempt from s. 286.011, Florida Statutes,
   95  and s. 24(b), Art. I of the State Constitution.
   96         (c) Any portion of a meeting revealing firesafety system
   97  plans held by an agency be made exempt from s. 286.011, Florida
   98  Statutes, and s. 24(b), Art. I of the State Constitution.
   99         (2) As firesafety systems become more connected and
  100  integrated with security systems, this connectivity and
  101  integration exposes such systems to threats intended to disable
  102  their operation. Disabling a firesafety system could impact the
  103  safety of individuals within the building and the integrity of
  104  the building’s security system. Maintaining safe and reliable
  105  firesafety systems is vital to protecting the public health and
  106  safety and ensuring the economic well-being of the state.
  107  Disclosure of sensitive information relating to firesafety
  108  systems could result in identification of vulnerabilities in
  109  such systems and allow a security breach that could damage
  110  firesafety systems and disrupt their safe and reliable
  111  operation, adversely impacting the public health and safety and
  112  economic well-being of the state. Because of the interconnected
  113  nature of firesafety and security systems, such a security
  114  breach may also impact security systems. As a result, the
  115  Legislature finds that the public and private harm in disclosing
  116  the information made confidential and exempt by this act
  117  outweighs any public benefit derived from the disclosure of such
  118  information. The protection of information made confidential and
  119  exempt by this act will ensure that firesafety systems are
  120  better protected against security threats and will bolster
  121  efforts to develop more resilient firesafety systems. Therefore,
  122  the Legislature finds that it is a public necessity to make
  123  firesafety system plans held by an agency and information
  124  relating to firesafety systems for certain properties exempt
  125  from public records and public meetings requirements.
  126         (3) The Legislature further finds that these public records
  127  exemptions must be given retroactive application because they
  128  are remedial in nature.
  129         Section 5. This act shall take effect upon becoming a law.
  130  
  131  ================= T I T L E  A M E N D M E N T ================
  132  And the title is amended as follows:
  133         Delete everything before the enacting clause
  134  and insert:
  135                        A bill to be entitled                      
  136         An act relating to public records and public meetings;
  137         amending s. 119.071, F.S.; providing an exemption from
  138         public records requirements for firesafety system
  139         plans held by an agency; providing for future
  140         legislative review and repeal; amending s. 281.301,
  141         F.S.; providing an exemption from public records and
  142         public meetings requirements for information relating
  143         to firesafety systems for certain properties and
  144         meetings relating to such systems and information;
  145         providing for future legislative review and repeal;
  146         amending s. 286.0113, F.S.; providing an exemption
  147         from public meetings requirements for portions of
  148         meetings that would reveal firesafety system plans
  149         held by an agency; providing for future legislative
  150         review and repeal; providing a statement of public
  151         necessity; providing for retroactive application;
  152         providing an effective date.