Senate Bill sb0016C

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    Florida Senate - 2001                                  SB 16-C

    By Senators Brown-Waite and Smith





    10-684A-02

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating s. 119.107, F.S.; providing an

  4         exemption from public-records requirements for

  5         a security-system plan or portion thereof;

  6         creating s. 286.0113, F.S.; providing an

  7         exemption from public-meeting requirements for

  8         those portions of any meeting which would

  9         reveal a security-system plan or portion

10         thereof which is confidential and exempt under

11         this act; providing for future review and

12         repeal; providing a statement of public

13         necessity; providing an effective date.

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

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17         Section 1.  Section 119.071, Florida Statutes, is

18  created to read:

19         119.071  General exemptions from inspection or copying

20  of public records.--A security-system plan or portion thereof

21  for:

22         (1)  Any property owned by or leased to the state or

23  any of its political subdivisions; or

24         (2)  Any privately owned or leased property

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

27  agency, as defined in s. 119.011, is confidential and exempt

28  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

29  the State Constitution. As used in this section, the term a

30  "security-system plan" includes all records, information,

31  photographs, audio and visual presentations, schematic

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    Florida Senate - 2001                                  SB 16-C
    10-684A-02




  1  diagrams, surveys, recommendations, or consultations or

  2  portions thereof relating directly to or revealing security

  3  systems; threat-assessments conducted by any agency as defined

  4  in s. 119.011 or any private entity; threat-response plans;

  5  emergency-evacuation plans; sheltering arrangements; or

  6  manuals for security personnel, emergency equipment, or

  7  security training. This section is subject to the Open

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

  9  119.15, and shall stand repealed on October 2, 2007, unless

10  reviewed and saved from repeal through reenactment by the

11  Legislature.

12         Section 2.  Section 286.0113, Florida Statutes, is

13  created to read:

14         286.0113  General exemptions from public

15  meetings.--Those portions of any meeting which would reveal a

16  security-system plan or portion thereof made confidential and

17  exempt by s. 119.071(1) are exempt from the provisions of s.

18  286.011 and s. 24(b), Art. I of the State Constitution. This

19  section is subject to the Open Government Sunset Review Act of

20  1995, in accordance with s. 119.15, and shall stand repealed

21  on October 2, 2007, unless reviewed and saved from repeal

22  through reenactment by the Legislature.

23         Section 3.  The Legislature finds that the exemption

24  from public records and public meetings requirements provided

25  by this act is a public necessity because security-system

26  plans contain components that address safety issues for public

27  and private property on which public business is conducted and

28  address the security of private property on which a large

29  segment of the public relies. The public relies on radio and

30  television towers, telephone and cable lines, power plants and

31  grids, oil and gas pipelines, and many types of privately

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    Florida Senate - 2001                                  SB 16-C
    10-684A-02




  1  owned infrastructure to provide necessary services. To

  2  coordinate the response of the public sector and the private

  3  sector in an emergency, such as an act of terrorism, public

  4  agencies must be able to review security-system plans for

  5  public and private property. If the information in

  6  security-system plans is available for inspection and copying,

  7  terrorists could use this information to hamper or disable

  8  emergency-response preparedness, thereby increasing injuries

  9  and fatalities. Although some skill would be required to use

10  such information to further an act of terrorism, ample

11  evidence exists of the capabilities of terrorists to conduct

12  complicated acts of terrorism. The September 11, 2001, attack

13  on the World Trade Center and the Pentagon, as well as the

14  intentional spread of anthrax in this country and state, which

15  resulted in the death of one Floridian, provide evidence that

16  such capabilities exist. These events also have shown the

17  importance of a coordinated response to acts of terrorism and

18  the need for the review of public and private security-system

19  plans. Consequently, the Legislature finds that

20  security-system plans and meetings related thereto must be

21  kept exempt and confidential.

22         Section 4.  This act shall take effect upon becoming a

23  law.

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    Florida Senate - 2001                                  SB 16-C
    10-684A-02




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  2                          SENATE SUMMARY

  3    Provides an exemption from public-records requirements
      for a security-system plan or portion thereof for any
  4    property owned by or leased to the state or any of its
      political subdivisions, and for such a plan for any
  5    privately owned or leased property which is in the
      possession of a state agency. Provides an exemption from
  6    public-meeting requirements for those portions of any
      meeting which would reveal a security-system plan or
  7    portion thereof which is confidential and exempt under
      this act. Provides for future review and repeal. Provides
  8    a statement of public necessity.

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