Senate Bill 1002e2
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CS for SB 1002 Second Engrossed (ntc)
1 A bill to be entitled
2 An act relating to public records and meetings;
3 providing an exemption from public records and
4 meetings requirements for portions of the
5 blueprints of an educational facility;
6 providing for future legislative review and
7 repeal; providing for rulemaking authority;
8 providing for persons who have a bona-fide need
9 to know such information; providing a finding
10 of public necessity; providing a contingent
11 effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. (1) The portion of each blueprint of an
16 educational facility as defined in section 235.011(6), Florida
17 Statutes, which is determined to be confidential and exempt by
18 rule and which is submitted to a law enforcement agency, as
19 required by Committee Substitute for Committee Substitute for
20 Committee Substitute for Senate Bills 852, 2, and 46, 2000
21 Regular Session, is confidential and exempt from section
22 119.07(1), Florida Statutes, and Section 24(a), Article I of
23 the State Constitution. This exemption is subject to the Open
24 Government Sunset Review Act of 1995 in accordance with
25 section 119.15, Florida Statutes, and shall stand repealed on
26 October 2, 2005, unless reviewed and saved from repeal through
27 reenactment by the Legislature.
28 (2) Portions of all meetings or proceedings of any
29 agency as defined in section 119.011(2), Florida Statutes,
30 relating directly to, or which would reveal confidential and
31 exempt information set forth in rule relating solely to, the
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CS for SB 1002 Second Engrossed (ntc)
1 blueprints of an educational facility are confidential and
2 exempt from section 286.011, Florida Statutes, and Section
3 24(b), Article I of the State Constitution. An agency as
4 defined in section 119.011(2), Florida Statutes, may hold
5 public meetings to discuss nonconfidential information or
6 issues relating to these blueprints.
7 (3) The Department of Education shall prescribe by
8 rule the information relating to the blueprints of an
9 educational facility, as defined in section 235.011(6),
10 Florida Statutes, which is confidential and exempt from the
11 provisions of section 119.07(1), Florida Statutes, and Section
12 24(a), Article I of the State Constitution. To be
13 confidential, the information must be necessary to the
14 security and integrity of the educational facility. A law
15 enforcement officer, an emergency medical services provider,
16 an authorized agent or employee of the educational facility, a
17 parent or guardian, and a person who is involved in the
18 planning, design, site improvement, construction, contracting,
19 remodeling, renovation, maintenance, and repair of plants and
20 facilities, including ancillary and auxiliary facilities, has
21 a bona-fide need to know such information. The department
22 shall also prescribe by rule which persons have a bona-fide
23 need to know this information in order to carry out their
24 duties.
25 (4) Confidential and exempt information may be
26 released to and used by other governmental entities as needed
27 in connection with the performance of their duties. Any such
28 information that is confidential and exempt as provided for in
29 this section retains its status as confidential and exempt.
30 Section 2. The Legislature finds that the exemption
31 from the public records law provided in section 1 of this act
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CS for SB 1002 Second Engrossed (ntc)
1 is a public necessity and that the protection of students and
2 others in schools and community colleges is a critical state
3 concern. Furthermore, the Legislature finds that failure to
4 protect the confidentiality of a blueprint of an educational
5 facility submitted to or collected by law enforcement
6 personnel, under Committee Substitute for Committee Substitute
7 for Committee Substitute for Senate Bills 852, 2, and 46, 2000
8 Regular Session, would impede the safety and security of
9 schools, community colleges, students, and others. The
10 Legislature further finds that incidents may occur in which
11 blueprints of educational facilities are requested under
12 circumstances that could threaten the safety or welfare of
13 students, employees, and others whether or not actual harm
14 results. Because release of certain portions of facility
15 blueprints under these circumstances would not benefit the
16 public or aid it in monitoring the effective and efficient
17 operation of government but could result in harm to students,
18 employees, and others, the Legislature finds that it is
19 necessary that portions of blueprints be confidential and
20 exempt.
21 Section 3. This act shall take effect on the effective
22 date of Committee Substitute for Committee Substitute for
23 Committee Substitute for Senate Bills 852, 2, and 46, 2000
24 Regular Session, or similar legislation relating to
25 educational facilities, and shall not take effect if that
26 legislation does not become law.
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