Senate Bill sb0020Cer

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    ENROLLED

    2001 Legislature                 CS for SB 20-C, 1st Engrossed



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  2         An act relating to public records; providing

  3         that any information identifying or describing

  4         the name, location, pharmaceutical cache,

  5         contents, capacity, equipment, physical

  6         features, or capabilities of individual medical

  7         facilities, storage facilities, or laboratories

  8         established, maintained, or regulated by the

  9         Department of Health in response to an act of

10         terrorism are exempt from public-records

11         requirements; providing for future review and

12         repeal; providing a statement of public

13         necessity; providing a contingent effective

14         date.

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

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18         Section 1.  Any information identifying or describing

19  the name, location, pharmaceutical cache, contents, capacity,

20  equipment, physical features, or capabilities of individual

21  medical facilities, storage facilities, or laboratories

22  established, maintained, or regulated by the Department of

23  Health as part of the state's plan to defend against an act of

24  terrorism as defined in section 775.30, Florida Statutes, is

25  exempt from the requirements of section 119.07(1), Florida

26  Statutes, and Section 24(a), Article I of the State

27  Constitution. The certification by the Governor of the

28  sufficiency of any location, pharmaceutical cache, contents,

29  capacity, equipment, physical features, or capabilities of

30  individual medical facilities, storage facilities, or

31  laboratories established, maintained, or regulated by the


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    ENROLLED

    2001 Legislature                 CS for SB 20-C, 1st Engrossed



  1  Department of Health as part of the state's plan to defend

  2  against an act of terrorism is a public record. This exemption

  3  is remedial in nature and it is the intent of the Legislature

  4  that this exemption be applied to information received by the

  5  Department of Health before, on, or after the effective date

  6  of this section. Information made exempt by this section may

  7  be disclosed by the custodial agency to another state or

  8  federal agency in order to prevent, detect, guard against,

  9  respond to, investigate, or manage the consequences of any

10  attempted or actual act of terrorism, or to prosecute those

11  responsible for such attempts or acts, and the exempt status

12  of such information shall be retained while in the possession

13  of the receiving agency. This section is subject to the Open

14  Government Sunset Review Act of 1995 in accordance with

15  section 119.15, Florida Statutes, and shall stand repealed

16  October 2, 2006, unless reviewed and saved from repeal through

17  reenactment by the Legislature.

18         Section 2.  The Legislature finds that the exemption

19  from public-records requirements provided by this act is a

20  public necessity because information identifying or describing

21  the name, location, pharmaceutical cache, contents, capacity,

22  equipment, physical features, or capabilities of individual

23  medical facilities, storage facilities, or laboratories

24  established, maintained, or regulated by the Department of

25  Health as part of the state's plan to defend its residents

26  against future acts of terrorism is information that could be

27  used by terrorists in planning acts of terrorism. If

28  terrorists were able to discover the name, location,

29  pharmaceutical cache, contents, capacity, equipment, physical

30  features, or capabilities of individual medical facilities,

31  storage facilities, or laboratories used to defend the state


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    ENROLLED

    2001 Legislature                 CS for SB 20-C, 1st Engrossed



  1  and its residents and visitors against an act of terrorism,

  2  they could use this information to craft a terrorist act to

  3  which the state may not be as well prepared to respond. This

  4  information could be used to increase the number of people

  5  injured or killed in a terrorist act. Although some skill

  6  would be required to use such information to further an act of

  7  terrorism, ample evidence of the capabilities of terrorists to

  8  conduct complicated acts of terrorism exist. The September 11,

  9  2001, attack on the World Trade Center and the Pentagon, as

10  well as the intentional spread of anthrax in this country and

11  state, which resulted in the death of one Floridian, provide

12  evidence that such capabilities exist. These events also have

13  shown the importance of maintaining appropriate pharmaceutical

14  materials to respond to acts of terrorism and the need to

15  ensure that the locations of pharmaceutical depositories are

16  protected. Consequently, the Legislature finds that

17  information concerning the type or amount of pharmaceutical

18  materials or the location of any pharmaceutical depository

19  that is maintained or directed by the Department of Health as

20  a response to an act of terrorism must be kept exempt.

21         Section 3.  This act shall take effect on the same date

22  that Senate Bill 6-C or similar legislation defining

23  "terrorism" for purposes of the Florida Criminal Code takes

24  effect, if such legislation is adopted in the same legislative

25  session or an extension thereof and becomes law.

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