House Bill hb0123B

    Florida House of Representatives - 2001               HB 123-B

        By Representatives Gelber, Harrell, Green, Ball, Bullard
    and Cusack





  1                      A bill to be entitled

  2         An act relating to public records; providing

  3         that information concerning the amount or type

  4         of pharmaceuticals or the location of

  5         pharmaceutical depositories maintained or

  6         directed by a state agency in response to an

  7         act of terrorism is exempt from public records

  8         requirements; providing a statement of public

  9         necessity; providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Information concerning the type or amount

14  of pharmaceutical materials or the location of any

15  pharmaceutical depository maintained or directed by a state

16  agency as a response to an act of terrorism, as defined by s.

17  775.30, Florida Statutes, is exempt from the requirements of

18  s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the

19  State Constitution. This section is subject to the Open

20  Government Sunset Review Act of 1995, in accordance with s.

21  119.15, Florida Statutes, and shall stand repealed on October

22  2, 2007, unless reviewed and saved from repeal through

23  reenactment by the Legislature.

24         Section 2.  The Legislature finds that the exemption

25  from public records requirements provided by this act is a

26  public necessity because information concerning the type or

27  amount of pharmaceutical materials or the location of any

28  pharmaceutical depository that is maintained or directed by a

29  state agency is information that could be used by terrorists

30  in planning acts of terrorism. Although some skill would be

31  required to use such information to further an act of

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






    Florida House of Representatives - 2001               HB 123-B

    763-118-01






  1  terrorism, ample evidence of the capabilities of terrorists to

  2  conduct complicated acts of terrorism exists. The September

  3  11, 2001, attack on the World Trade Center and the Pentagon,

  4  as well as the intentional spread of anthrax in this country

  5  and state, which resulted in the death of one Floridian,

  6  provide evidence that such capabilities exist. These events

  7  also have shown the importance of maintaining appropriate

  8  pharmaceuticals to respond to acts of terrorism and the need

  9  to ensure that the locations of pharmaceutical depositories

10  are protected. Consequently, the Legislature finds that

11  information concerning the type or amount of pharmaceutical

12  materials or the location of any pharmaceutical depository

13  that is maintained or directed by a state agency must be kept

14  confidential.

15         Section 3.  This act shall take effect upon becoming a

16  law.

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19                       LEGISLATIVE SUMMARY

20
      Provides an exemption from public records requirements
21    for information concerning pharmaceutical materials or
      the location of pharmaceutical depositories maintained or
22    directed by state agencies. Provides a statement of
      public necessity and for future review and repeal of the
23    exemption.

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