House Bill hb0125B
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Florida House of Representatives - 2001 HB 125-B
By Representatives Gelber, Harrell, Green, Ball, Bullard
and Cusack
1 A bill to be entitled
2 An act relating to public records and meetings;
3 amending s. 281.301, F.S.; expanding an
4 exemption from public records requirements for
5 security system plans or portions thereof for
6 any property owned by or leased to the state or
7 any of its political subdivisions, or any
8 privately owned or leased property, that are in
9 the possession of state agencies; expanding an
10 exemption from public meeting requirements for
11 meetings at which such plans are discussed;
12 providing for future review and repeal;
13 providing a statement of public necessity;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 281.301, Florida Statutes, is
19 amended to read:
20 281.301 Security system plans systems; records and
21 meetings exempt from public access or disclosure.--
22 (1) A security system plan or portion thereof
23 Information relating to the security systems for:
24 (a) Any property owned by or leased to the state or
25 any of its political subdivisions; or, and information
26 relating to the security systems for
27 (b) Any privately owned or leased property
28
29 which plan or portion thereof is in the possession of any
30 agency as defined in s. 119.011(2) is confidential and exempt
31 from the requirements of s. 119.07(1) and s. 24(a), Art. I of
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Florida House of Representatives - 2001 HB 125-B
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1 the State Constitution. Those portions of any meeting relating
2 directly to, or which would reveal, a security system plan or
3 portion thereof are confidential and exempt from the
4 requirements of s. 286.011 and s. 24(b), Art. I of the State
5 Constitution. A security system plan includes, including all
6 records, information, photographs, audio and visual
7 presentations, schematic diagrams, surveys, recommendations,
8 or consultations or portions thereof relating directly to or
9 revealing security systems, threat assessments conducted by
10 any agency as defined in s. 119.011(2) or any private entity,
11 threat-response plans, emergency evacuation plans, sheltering
12 arrangements, or manuals for security personnel, emergency
13 equipment, or for security training such systems or
14 information, and all meetings relating directly to or that
15 would reveal such systems or information are confidential and
16 exempt from ss. 119.07(1) and 286.011 and other laws and rules
17 requiring public access or disclosure.
18 (2) This section is subject to the Open Government
19 Sunset Review Act of 1995, in accordance with s. 119.15, and
20 shall stand repealed on October 2, 2007, unless reviewed and
21 saved from repeal through reenactment by the Legislature.
22 Section 2. The Legislature finds that the expansion of
23 the exemption from public records and public meetings
24 requirements provided by this act is a public necessity
25 because security system plans are a vital component of public
26 safety. Security system plans contain components that address
27 safety issues for public and private property on which public
28 business is conducted and address the security of private
29 property on which a large segment of the public relies. The
30 public relies on radio and television towers, telephone and
31 cable lines, power plants and grids, oil and gas pipelines,
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Florida House of Representatives - 2001 HB 125-B
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1 and many types of privately owned infrastructure to provide
2 necessary services. To coordinate the response of the public
3 sector and the private sector in an emergency, such as an act
4 of terrorism, public agencies must be able to review security
5 system plans for public and private property. If the
6 information in security system plans is available for
7 inspection and copying, terrorists could use this information
8 to hamper or disable emergency response preparedness,
9 increasing injuries and fatalities. Although some skill would
10 be required to use such information to further an act of
11 terrorism, ample evidence of the capabilities of terrorists to
12 conduct complicated acts of terrorism exists. The September
13 11, 2001, attack on the World Trade Center and the Pentagon,
14 as well as the intentional spread of anthrax in this country
15 and state, which resulted in the death of one Floridian,
16 provide evidence that such capabilities exist. These events
17 also have shown the importance of a coordinated response to
18 acts of terrorism and the need for the review of public and
19 private security system plans. Consequently, the Legislature
20 finds that security system plans and meetings related thereto
21 must be kept confidential.
22 Section 3. This act shall take effect upon becoming a
23 law.
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26 LEGISLATIVE SUMMARY
27
Provides an exemption from public records and public
28 meetings requirements for information concerning security
system plans or portions thereof for any property owned
29 by or leased to the state or any of its political
subdivisions, or any privately owned or leased property,
30 that are in the possession of a state agency. Provides a
statement of public necessity and for future review and
31 repeal of the exemptions.
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