Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 738 Ì785894`Î785894 LEGISLATIVE ACTION Senate . House Comm: WD . 02/15/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 This paragraph is subject to the Open Government 36 Sunset Review Act in accordance with s. 119.15 and shall stand 37 repealed on October 2, 2023, unless reviewed and saved from 38 repeal through reenactment by the Legislature. 39 3.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
all64 meetingsrelating directly to or that would reveal such systems 65 or information is are confidential andexempt from s. 286.011 66 and s. 24(b), Art. I of the State Constitution, ss. 119.07(1)67 and 286.011and 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.