CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1002

    Amendment No.    

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11  Senator Cowin moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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16  and insert:

17         Section 1.  (1)  The portion of each blueprint of an

18  educational facility as defined in section 235.011(6), Florida

19  Statutes, which is determined to be confidential and exempt by

20  rule and which is submitted to a law enforcement agency, the

21  Department of Education, or the State Board of Education, as

22  required by Committee Substitute for Committee Substitute for

23  Committee Substitute for Senate Bills 852, 2, and 46, 2000

24  Regular Session, is confidential and exempt from section

25  119.07(1), Florida Statutes, and Section 24(a), Article I of

26  the State Constitution. This exemption is subject to the Open

27  Government Sunset Review Act of 1995 in accordance with

28  section 119.15, Florida Statutes, and shall stand repealed on

29  October 2, 2005, unless reviewed and saved from repeal through

30  reenactment by the Legislature.

31         (2)  Portions of all meetings or proceedings of any

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1002

    Amendment No.    





 1  agency as defined in section 119.011(2), Florida Statutes,

 2  relating directly to, or which would reveal confidential and

 3  exempt information set forth in rule relating solely to, the

 4  blueprints of an educational facility are confidential and

 5  exempt from section 286.011, Florida Statutes, and Section

 6  24(b), Article I of the State Constitution. An agency as

 7  defined in section 119.011(2), Florida Statutes, may hold

 8  public meetings to discuss nonconfidential information or

 9  issues relating to these blueprints.

10         (3)  The Department of Education shall prescribe by

11  rule the information relating to the blueprints of an

12  educational facility, as defined in section 235.011(6),

13  Florida Statutes, which is confidential and exempt from the

14  provisions of section 119.07(1), Florida Statutes, and Section

15  24(a), Article I of the State Constitution. To be

16  confidential, the information must be necessary to the

17  security and integrity of the educational facility. A law

18  enforcement officer, an emergency medical services provider,

19  an authorized agent or employee of the educational facility, a

20  parent or guardian, and a person who is involved in the

21  planning, design, site improvement, construction, contracting,

22  remodeling, renovation, maintenance, and repair of plants and

23  facilities, including ancillary and auxiliary facilities, has

24  a bona-fide need to know such information. The department

25  shall also prescribe by rule which persons have a bona-fide

26  need to know this information in order to carry out their

27  duties.

28         (4)  Confidential and exempt information may be

29  released to and used by other governmental entities as needed

30  in connection with the performance of their duties. Any such

31  information that is confidential and exempt as provided for in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1002

    Amendment No.    





 1  this section retains its status as confidential and exempt.

 2         Section 2.  The Legislature finds that the exemption

 3  from the public records law provided in section 1 of this act

 4  is a public necessity and that the protection of students and

 5  others in schools and community colleges is a critical state

 6  concern.  Furthermore, the Legislature finds that failure to

 7  protect the confidentiality of a blueprint of an educational

 8  facility submitted to or collected by law enforcement

 9  personnel, the Department of Education, or the State Board of

10  Education under Committee Substitute for Committee Substitute

11  for Committee Substitute for Senate Bills 852, 2, and 46, 2000

12  Regular Session, would impede the safety and security of

13  schools, community colleges, students, and others. The

14  Legislature further finds that incidents may occur in which

15  blueprints of educational facilities are requested under

16  circumstances that could threaten the safety or welfare of

17  students, employees, and others whether or not actual harm

18  results. Because release of certain portions of facility

19  blueprints under these circumstances would not benefit the

20  public or aid it in monitoring the effective and efficient

21  operation of government but could result in harm to students,

22  employees, and others, the Legislature finds that it is

23  necessary that portions of blueprints be confidential and

24  exempt.

25         Section 3.  This act shall take effect on the effective

26  date of Committee Substitute for Committee Substitute for

27  Committee Substitute for Senate Bills 852, 2, and 46, 2000

28  Regular Session, or similar legislation relating to

29  educational facilities, and shall not take effect if that

30  legislation does not become law.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1002

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, lines 5 and 6, delete those lines

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 5  and insert:

 6         blueprints of an educational facility;

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