HOUSE AMENDMENT
Bill No. HB 121-B
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Security, Select offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 395.1056, Florida Statutes, is
18 created to read:
19 395.1056 Plan components addressing hospital's
20 response to terrorism; public records exemption; public
21 meetings exemption.--
22 (1) Those portions of a comprehensive emergency
23 management plan which address the response of a public or
24 private hospital to an act of terrorism, as defined by s.
25 775.30, and which are filed with or in the possession of the
26 agency, a state or local law enforcement agency, a county or
27 municipal emergency management agency, the Executive Office of
28 the Governor, the Department of Health, or the Department of
29 Community Affairs are confidential and exempt from the
30 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
31 Constitution. Portions of a comprehensive emergency management
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HOUSE AMENDMENT
Bill No. HB 121-B
Amendment No. 01 (for drafter's use only)
1 plan which address the response of a public or private
2 hospital to an act of terrorism include those portions
3 addressing security systems or plans; vulnerability analyses;
4 emergency evacuation transportation; sheltering arrangements;
5 post-disaster activities, including provisions for emergency
6 power, communications, food, and water; post-disaster
7 transportation; supplies, including drug caches; staffing;
8 emergency equipment; and individual identification of
9 residents, transfer of records, and methods of responding to
10 family inquiries. This subsection is subject to the Open
11 Government Sunset Review Act of 1995, in accordance with s.
12 119.15, and shall stand repealed on October 2, 2006, unless
13 reviewed and saved from repeal through reenactment by the
14 Legislature.
15 (2) Those portions of a comprehensive emergency
16 management plan which address the response of a public
17 hospital to an act of terrorism, as defined by s. 775.30, and
18 which are held by that public hospital are exempt from the
19 requirements of s. 119.07(1) and s. 24(a), Art. I of the State
20 Constitution. Portions of a comprehensive emergency management
21 plan which address the response of a public hospital to an act
22 of terrorism include those portions addressing security
23 systems or plans; vulnerability analyses; emergency evacuation
24 transportation; sheltering arrangements; post-disaster
25 activities, including provisions for emergency power,
26 communications, food, and water; post-disaster transportation;
27 supplies, including drug caches; staffing; emergency
28 equipment; and individual identification of residents,
29 transfer of records, and methods of responding to family
30 inquiries. This subsection is subject to the Open Government
31 Sunset Review Act of 1995, in accordance with s. 119.15, and
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HOUSE AMENDMENT
Bill No. HB 121-B
Amendment No. 01 (for drafter's use only)
1 shall stand repealed on October 2, 2006, unless reviewed and
2 saved from repeal through reenactment by the Legislature.
3 (3) Any portion of a public meeting which would reveal
4 information contained in a comprehensive emergency management
5 plan that addresses the response of a hospital to an act of
6 terrorism is exempt from the provisions of s. 286.011 and s.
7 24(b), Art. I of the State Constitution. This subsection is
8 subject to the Open Government Sunset Review Act of 1995, in
9 accordance with s. 119.15, and shall stand repealed on October
10 2, 2006, unless reviewed and saved from repeal through
11 reenactment by the Legislature.
12 (4) The certification by the Governor, in coordination
13 with the Department of Health, of the sufficiency of a
14 comprehensive emergency management plan that addresses the
15 response of a hospital to an act of terrorism is a public
16 record.
17 Section 2. The Legislature finds that the exemption
18 from public records and public meeting requirements provided
19 by this act is a public necessity because those portions of a
20 comprehensive emergency management plan which address the
21 response of a public or private hospital to an act of
22 terrorism are vital plan components that affect the health and
23 safety of the public. If security systems or plans;
24 vulnerability analyses; emergency evacuation transportation;
25 sheltering arrangements; post-disaster activities, including
26 provisions for emergency power, communications, food, and
27 water; post-disaster transportation; supplies, including drug
28 caches; staffing; emergency equipment; and individual
29 identification of residents, transfer of records, and methods
30 of responding to family inquiries were made publicly available
31 for inspection or copying, they could be used to hamper or
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HOUSE AMENDMENT
Bill No. HB 121-B
Amendment No. 01 (for drafter's use only)
1 disable the response of a hospital to a terrorist attack. If a
2 hospital's response to an act of terrorism were hampered or
3 disabled, an increase in the number of Floridians subjected to
4 fatal injury would occur. While some skill would be required
5 to use knowledge of plan components to disable a hospital's
6 response to an act of terrorism, there is ample existing
7 evidence of the capabilities of terrorists to plot, plan, and
8 coordinate complicated acts of terror. The hijacking and
9 crashing of planes, the destruction of the World Trade Center,
10 and the attack on the Pentagon on September 11, 2001, as well
11 as the continued and purposeful spread of anthrax in
12 Washington, D.C., other states, and communities within this
13 state, which has resulted in the death of at least one
14 Floridian, provide evidence of such skill. The aftermath of
15 these events has also showed the importance of viable plans by
16 which hospitals can respond to acts of terror. As a result,
17 the Legislature finds that those portions of a comprehensive
18 emergency management plan which address the response of a
19 public or private hospital to an act of terrorism and which
20 are filed with the Agency for Health Care Administration, a
21 state or local law enforcement agency, a local emergency
22 management agency, the Executive Office of the Governor, the
23 Department of Health, or the Department of Community Affairs
24 must be confidential and exempt and that the emergency
25 management plans of a public hospital which are held by that
26 hospital must also be exempt.
27 Section 3. This act shall take effect on the same date
28 that HB 103-B or similar legislation defining "terrorism" for
29 purposes of the Florida Criminal Code takes effect, if such
30 legislation is adopted in the same legislative session or an
31 extension thereof and becomes law.
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HOUSE AMENDMENT
Bill No. HB 121-B
Amendment No. 01 (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 remove from the title of the bill: the entire title
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5 and insert in lieu thereof:
6 A bill to be entitled
7 An act relating to public records; creating s.
8 395.1056, F.S.; providing an exemption from
9 public records requirements for those portions
10 of a comprehensive emergency management plan
11 which address the response of a public or
12 private hospital to an act of terrorism and
13 which are filed with the Agency for Health Care
14 Administration, a state or local law
15 enforcement agency, a county emergency
16 management agency, the Executive Office of the
17 Governor, the Department of Health, or the
18 Department of Community Affairs; providing an
19 exemption from public records requirements for
20 those portions of a comprehensive emergency
21 management plan which address the response of a
22 public hospital to an act of terrorism and
23 which are in the custody of that public
24 hospital; providing an exemption from public
25 meeting requirements for any portion of a
26 public meeting which would reveal information
27 contained in a comprehensive emergency
28 management plan that addresses the response of
29 a hospital to an act or terrorism; providing
30 that certification by the Governor of a
31 comprehensive emergency management plan that
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HOUSE AMENDMENT
Bill No. HB 121-B
Amendment No. 01 (for drafter's use only)
1 addresses the response of a hospital to an act
2 of terrorism is a public record; providing for
3 future review and repeal; providing a statement
4 of public necessity; providing a contingent
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