Senate Bill sb0062Bc1

    Florida Senate - 2001                           CS for SB 62-B

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




    302-463B-02

  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 that are in the custody

  6         of state agencies; expanding an exemption from

  7         public-meeting requirements for meetings at

  8         which such plans are discussed; providing for

  9         future repeal; providing a statement of public

10         necessity; providing an effective date.

11

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

13

14         Section 1.  Section 281.301, Florida Statutes, is

15  amended to read:

16         281.301  Security systems; records and meetings exempt

17  from public access or disclosure.--

18         (1)  A security system plan or portion thereof

19  Information relating to the security systems for:

20         (a)  Any property owned by or leased to the state or

21  any of its political subdivisions; or

22         (b)  , and information relating to the security systems

23  for Any privately owned or leased property

24

25  which plan or portion thereof is in the possession of any

26  agency as defined in s. 119.011(2) is confidential and exempt

27  from the requirements of s. 119.07(1) and s. 24(a), Art. I of

28  the State Constitution. Those portions of any meeting relating

29  directly to, or which would reveal a security system plan or

30  portion thereof, are confidential and exempt from the

31  requirements of s. 286.011 and s. 24(b), Art. I of the State

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






    Florida Senate - 2001                           CS for SB 62-B
    302-463B-02




  1  Constitution. A security system plan includes, including all

  2  records, information, photographs, audio and visual

  3  presentations, schematic diagrams, surveys, recommendations,

  4  or consultations or portions thereof relating directly to or

  5  revealing security systems, threat assessments conducted by

  6  any agency as defined in s. 119.011(2) or any private entity,

  7  threat-response plans, emergency-evacuation plans, sheltering

  8  arrangements, or manuals for security personnel, emergency

  9  equipment, or for security training such systems or

10  information, and all meetings relating directly to or that

11  would reveal such systems or information are confidential and

12  exempt from ss. 119.07(1) and 286.011 and other laws and rules

13  requiring public access or disclosure.

14         (2)  This section is subject to the Open Government

15  Sunset Review Act of 1995 in accordance with s. 119.15 and

16  shall stand repealed October 2, 2007, unless reviewed and

17  saved from repeal through reenactment by the Legislature.

18         Section 2.  The Legislature finds that the expansion of

19  the exemption from public-records and public-meetings

20  requirements provided in section 281.301, Florida Statutes, is

21  a public necessity because security plans are a vital

22  component of public safety. Security system plans contain

23  components that address safety issues for public and private

24  property on which public business is conducted and address the

25  security of private property on which a large segment of the

26  public relies. The public relies on radio and television

27  towers, telephone and cable lines, power plants and grids, oil

28  and gas pipelines, and many types of privately owned

29  infrastructure to provide necessary services. To coordinate

30  the response of the public sector and the private sector in an

31  emergency, such as an act of terrorism, public agencies must

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    Florida Senate - 2001                           CS for SB 62-B
    302-463B-02




  1  be able to review security system plans for public and private

  2  property. If the information in security system plans is

  3  available for inspection and copying, terrorists could use

  4  this information to hamper or disable emergency-response

  5  preparedness, increasing injuries and fatalities. Although

  6  some skill would be required to use such information to

  7  further an act of terrorism, ample evidence of the

  8  capabilities of terrorists to conduct complicated acts of

  9  terrorism exists. The September 11, 2001, attack on the World

10  Trade Center and the Pentagon, as well as the intentional

11  spread of anthrax in this country and state, which resulted in

12  the death of one Floridian, provide evidence that such

13  capabilities exist. These events also have shown the

14  importance of a coordinated response to acts of terrorism and

15  the need for the review of public and private system plans.

16  Consequently, the Legislature finds that security system plans

17  and meetings related thereto must be kept confidential.

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

19  law.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 62-B

23

24  Amends an existing exemption from public records and meetings
    requirements for security plans of a public or private entity
25  that is in the possession of any agency.

26  Includes security systems, threat assessments, threat-response
    plans, sheltering arrangements, or manuals for security
27  personnel, emergency equipment, or security training within
    the definition of "security system plan."
28
    Provides a statement of public necessity.
29

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