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2021 Florida Statutes (Including 2021B Session)

Title XXIX PUBLIC HEALTH
Chapter 395 HOSPITAL LICENSING AND REGULATION Entire Chapter
SECTION 1056
Plan components addressing a hospital’s response to terrorism; public records exemption; public meetings exemption.
F.S. 395.1056
395.1056 Plan components addressing a hospital’s response to terrorism; public records exemption; public meetings exemption.—
(1)(a) Those portions of a comprehensive emergency management plan that address the response of a public or private hospital to an act of terrorism as defined by s. 775.30 held by 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 Division of Emergency Management are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(b) 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.
(c) Portions of a comprehensive emergency management plan that address the response of a public or private hospital to an act of terrorism include those portions addressing:
1. Security systems or plans;
2. Vulnerability analyses;
3. Emergency evacuation transportation;
4. Sheltering arrangements;
5. Postdisaster activities, including provisions for emergency power, communications, food, and water;
6. Postdisaster transportation;
7. Supplies, including drug caches;
8. Staffing;
9. Emergency equipment; and
10. Individual identification of residents, transfer of records, and methods of responding to family inquiries.
(2) Those portions of a comprehensive emergency management plan that address the response of a public hospital to an act of terrorism as defined by s. 775.30 held by that public hospital are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Portions of a comprehensive emergency management plan that address the response of a public hospital to an act of terrorism include those portions addressing:
(a) Security systems or plans;
(b) Vulnerability analyses;
(c) Emergency evacuation transportation;
(d) Sheltering arrangements;
(e) Postdisaster activities, including provisions for emergency power, communications, food, and water;
(f) Postdisaster transportation;
(g) Supplies, including drug caches;
(h) Staffing;
(i) Emergency equipment; and
(j) Individual identification of residents, transfer of records, and methods of responding to family inquiries.
(3) The public records exemptions provided by this section are remedial in nature, and it is the intent of the Legislature that the exemptions apply to plans held by a custodial agency before, on, or after the effective date of this section.
(4) That portion of a public meeting which would reveal information contained in a comprehensive emergency management plan that addresses the response of a hospital to an act of terrorism is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
(5) 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; s. 1, ch. 2006-109; s. 272, ch. 2011-142; s. 10, ch. 2017-37.