The Florida Senate

395.1056  Plan components addressing a hospital's response to terrorism; public records exemption; public meetings exemption.--

(1)  Those portions of a comprehensive emergency management plan which address the response of a public or private hospital to an act of terrorism as defined by s. 775.30 and which are filed with or are in the possession of the agency, a state or local law enforcement agency, a county or municipal emergency management agency, the Executive Office of the Governor, the Department of Health, or the Department of Community Affairs are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption is remedial in nature, and it is the intent of the Legislature that this exemption be applied to plans filed with the agency before, on, or after the effective date of this section. Information made confidential and exempt by this subsection may be disclosed by a custodial agency to another state or federal agency to prevent, detect, guard against, respond to, investigate, or manage the consequences of any attempted or actual act of terrorism, or to prosecute those persons who are responsible for such attempts or acts, and the confidential and exempt status of such information shall be retained while in the possession of the receiving agency. Portions of a comprehensive emergency management plan which address the response of a public or private hospital to an act of terrorism include those portions addressing security systems or plans; vulnerability analyses; emergency evacuation transportation; sheltering arrangements; postdisaster activities, including provisions for emergency power, communications, food, and water; postdisaster transportation; supplies, including drug caches; staffing; emergency equipment; and individual identification of residents, transfer of records, and methods of responding to family inquiries. This subsection is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature.

(2)  Those portions of a comprehensive emergency management plan which address the response of a public hospital to an act of terrorism as defined by s. 775.30 and which are in the custody of that public hospital are exempt from the requirements of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Portions of a comprehensive emergency management plan which address the response of a public hospital to an act of terrorism include those portions addressing security systems or plans; vulnerability analyses; emergency evacuation transportation; sheltering arrangements; postdisaster activities, including provisions for emergency power, communications, food, and water; postdisaster transportation; supplies, including drug caches; staffing; emergency equipment; and individual identification of residents, transfer of records, and methods of responding to family inquiries. This subsection is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature.

(3)  Any portion of a public meeting which would reveal information contained in a comprehensive emergency management plan which addresses the response of a hospital to an act of terrorism is exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution. This subsection is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature.

(4)  The certification by the Governor, in coordination with the Department of Health, of the sufficiency of a comprehensive emergency management plan that addresses the response of a hospital to an act of terrorism is not exempt.

History.--s. 1, ch. 2001-362.