Senate Bill sb0058Bc1

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    Florida Senate - 2001                           CS for SB 58-B

    By the Committee on Governmental Oversight and Productivity;
    and Senators Brown-Waite, Smith and Crist




    302-459A-02

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         395.1056, F.S.; creating an exemption for those

  4         portions of hospital comprehensive

  5         emergency-management plans which address the

  6         response of a hospital to an act of terrorism;

  7         creating an exemption for meetings at which

  8         those plans are discussed; providing a

  9         statement of public necessity; providing an

10         effective date.

11

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

13

14         Section 1.  Section 395.1056, Florida Statutes, is

15  created to read:

16         395.1056  Exemption for plan components addressing

17  hospital's response to terrorism.--

18         (1)  Those portions of a comprehensive

19  emergency-management plan which address the response of a

20  public or private hospital to an act of terrorism as defined

21  by s. 775.30 and which are filed with or in the possession of

22  the agency, a state or local law-enforcement agency, a county

23  or municipal emergency-management agency, the office of the

24  Governor, the Department of Health, or the Department of

25  Community Affairs are confidential and exempt from the

26  requirements of s. 119.07(1) and s. 24(a), Art. I of the State

27  Constitution. Portions of a plan which address the response of

28  a hospital to an act of terrorism include those portions

29  addressing security systems or plans; vulnerability analyses;

30  emergency evacuation transportation; sheltering arrangements;

31  post-disaster activities, including provisions for emergency

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    Florida Senate - 2001                           CS for SB 58-B
    302-459A-02




  1  power, communications, food, and water; post-disaster

  2  transportation; supplies, including drug caches; staffing;

  3  emergency equipment; and individual identification of

  4  residents, transfer of records, and methods of responding to

  5  family inquiries. This subsection is subject to the Open

  6  Government Sunset Review Act of 1995 in accordance with s.

  7  119.15 and shall stand repealed October 2, 2007, unless

  8  reviewed and saved from repeal through reenactment by the

  9  Legislature.

10         (2)  Those portions of a comprehensive

11  emergency-management plan which address the response of a

12  hospital that is subject to open-records requirements to an

13  act of terrorism as defined by s. 775.30 and which are in the

14  custody of that public hospital are exempt from the

15  requirements of s. 119.07(1) and s. 24(a), Art. I of the State

16  Constitution. Such portions of the plan include those that

17  contain components that address security systems or plans;

18  vulnerability analyses; emergency evacuation transportation;

19  sheltering arrangements; post-disaster activities, including

20  provisions for emergency power, communications, food, and

21  water; post-disaster transportation; supplies, including drug

22  caches; staffing; emergency equipment; and individual

23  identification of residents, transfer of records, and methods

24  of responding to family inquiries. This subsection is subject

25  to the Open Government Sunset Review Act of 1995 in accordance

26  with s. 119.15 and shall stand repealed October 2, 2007,

27  unless reviewed and saved from repeal through reenactment by

28  the Legislature.

29         (3)  Those portions of any public meeting relating

30  directly to, or which would reveal information regarding a

31  comprehensive emergency-management plan that addresses the

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    Florida Senate - 2001                           CS for SB 58-B
    302-459A-02




  1  response of a hospital to an act of terrorism, or any portion

  2  thereof, are exempt from the requirements of s. 286.011 and s.

  3  24(b), Art. I of the State Constitution. This subsection is

  4  subject to the Open Government Sunset Review Act of 1995 in

  5  accordance with s. 119.15 and shall stand repealed October 2,

  6  2007, unless reviewed and saved from repeal through

  7  reenactment by the Legislature.

  8         (4)  The certification of the sufficiency of a plan by

  9  the Governor, in coordination with the Department of Health,

10  is a public record.

11         Section 2.  The Legislature finds that the exemption

12  from public-records and public-meetings requirements provided

13  in section 395.1056, Florida Statutes, is a public necessity

14  because those portions of a comprehensive emergency-management

15  plan which address the response of a public or private

16  hospital to an act of terrorism are vital plan components that

17  affect the health and safety of the public. If security

18  systems or plans, vulnerability analyses, emergency evacuation

19  transportation, sheltering arrangements, post-disaster

20  activities, including provisions for emergency power,

21  communications, food, and water, post-disaster transportation,

22  supplies, staffing, emergency equipment, individual

23  identification of residents, transfer of records, and methods

24  of responding to family inquiries were made publicly available

25  for inspection or copying, they could be used to hamper or

26  disable the response of a hospital to a terrorist attack. If

27  hospital response to an act of terrorism were hampered or

28  disabled, an increase in the number of Floridians subjected to

29  fatal injury would occur. While some skill would be required

30  to use knowledge of plan components to disable a hospital

31  response to an act of terrorism, there is ample existing

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    Florida Senate - 2001                           CS for SB 58-B
    302-459A-02




  1  evidence of the capabilities of terrorists to plot, plan, and

  2  coordinate complicated acts of terror. The hijacking and

  3  crashing of planes, the destruction of the World Trade Center,

  4  the attack on the Pentagon on September 1, 2001, as well as

  5  the continued and purposeful spread of anthrax in Washington,

  6  D.C., other states, and communities within this state, which

  7  has resulted in the death of at least one Floridian, provide

  8  evidence of such skill. The aftermath of these events has also

  9  showed the importance of viable plans by which hospitals can

10  respond to acts of terror. As a result, the Legislature finds

11  that those portions of a comprehensive emergency management

12  plan which address the response of a public or private

13  hospital to an act of terrorism and which are filed with the

14  Agency for Health Care Administration, a state or local law

15  enforcement agency, a county emergency-management agency, the

16  office of the Governor, the Department of Health, or the

17  Department of Community Affairs must be confidential and

18  exempt and that the emergency-management plans of a public

19  hospital which are in the custody of a public hospital also

20  must be exempt.

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

22  law.

23

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                             SB 58-B

26

27  Creates an exemption from public records and public meetings
    requirements for hospital comprehensive emergency management
28  plans that provide responses to acts of terrorism as defined
    in s. 775.30, F.S.
29
    Sunsets the exemption on October 2, 2007, unless reviewed and
30  reenacted by the Legislature prior to that date.

31  Provides a statement of public necessity.

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