House Bill hb0045C

    Florida House of Representatives - 2001                HB 45-C

        By Representative Gelber






  1                      A bill to be entitled

  2         An act relating to public records; providing

  3         that information concerning the amount or type

  4         of pharmaceutical materials or the location of

  5         pharmaceutical depositories maintained or

  6         directed by a state agency in response to an

  7         act of terrorism is exempt from public-records

  8         requirements; providing for future review and

  9         repeal; providing a statement of public

10         necessity; providing a contingent effective

11         date.

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

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15         Section 1.  Information concerning the type or amount

16  of pharmaceutical materials or the location of any

17  pharmaceutical depository maintained or directed by a state

18  agency as a response to an act of terrorism as defined in s.

19  775.30 is exempt from the requirements of section 119.07(1),

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

21  Constitution. The certification of the sufficiency of the type

22  or amount of such pharmaceutical materials or the security of

23  the location of the pharmaceutical depository is a public

24  record. This section is subject to the Open Government Sunset

25  Review Act of 1995 in accordance with section 119.15, Florida

26  Statutes, and shall stand repealed October 2, 2006, unless

27  reviewed and saved from repeal through reenactment by the

28  Legislature.

29         Section 2.  The Legislature finds that the exemption

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

31  public necessity because information concerning the type or

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






    Florida House of Representatives - 2001                HB 45-C

    763-128-01C






  1  amount of pharmaceutical materials or the location of any

  2  pharmaceutical depository that is maintained or directed by a

  3  state agency as a response to an act of terrorism is

  4  information that could be used by terrorists in planning acts

  5  of terrorism. If terrorists were able to determine what types

  6  of pharmaceutical materials are stored or maintained for

  7  response to terrorism, or the amount of pharmaceutical

  8  materials stored, they could use this information to craft a

  9  terrorist act to which the state may not be as well prepared

10  to respond. This information could be used to increase the

11  number of people injured or killed in a terrorist act.

12  Although some skill would be required to use such information

13  to further an act of terrorism, ample evidence of the

14  capabilities of terrorists to conduct complicated acts of

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

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

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

18  the death of one Floridian, provide evidence that such

19  capabilities exist. These events also have shown the

20  importance of maintaining appropriate pharmaceutical materials

21  to respond to acts of terrorism and the need to ensure that

22  the locations of pharmaceutical depositories are protected.

23  Consequently, the Legislature finds that information

24  concerning the type or amount of pharmaceutical materials or

25  the location of any pharmaceutical depository that is

26  maintained or directed by a state agency as a response to an

27  act of terrorism must be kept exempt.

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

29  that SB ___ or similar legislation defining "terrorism" for

30  purposes of the Florida Criminal Code takes effect, if such

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    Florida House of Representatives - 2001                HB 45-C

    763-128-01C






  1  legislation is adopted in the same legislative session or an

  2  extension thereof and becomes law.

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  5                       LEGISLATIVE SUMMARY

  6    Provides an exemption from public-records requirements
      for certain information concerning pharmaceutical
  7    materials for purposes of a response to an act of
      terrorism.
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CODING: Words stricken are deletions; words underlined are additions.