House Bill hb0729

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    Florida House of Representatives - 2002                 HB 729

        By the Committee on Security, Select and Representatives
    Gelber, Ball, Green, Cusack, Cantens, Bense, Hart and Machek





  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         395.1056, F.S.; providing an exemption from

  4         public records requirements for those portions

  5         of a comprehensive emergency management plan

  6         which address the response of a public or

  7         private hospital to an act of terrorism and

  8         which are filed with the Agency for Health Care

  9         Administration, a state or local law

10         enforcement agency, a county emergency

11         management agency, the Executive Office of the

12         Governor, the Department of Health, or the

13         Department of Community Affairs; providing an

14         exemption from public records requirements for

15         those portions of a comprehensive emergency

16         management plan which address the response of a

17         public hospital to an act of terrorism and

18         which are in the custody of that public

19         hospital; providing an exemption from public

20         meeting requirements for any portion of a

21         public meeting which would reveal information

22         contained in a comprehensive emergency

23         management plan that addresses the response of

24         a hospital to an act or terrorism; providing

25         that certification by the Governor of a

26         comprehensive emergency management plan that

27         addresses the response of a hospital to an act

28         of terrorism is a public record; providing for

29         future review and repeal; providing a statement

30         of public necessity; providing a contingent

31         effective date.

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    Florida House of Representatives - 2002                 HB 729

    409-118-02






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

  2

  3         Section 1.  Section 395.1056, Florida Statutes, is

  4  created to read:

  5         395.1056  Plan components addressing hospital's

  6  response to terrorism; public records exemption; public

  7  meetings exemption.--

  8         (1)  Those portions of a comprehensive emergency

  9  management plan which address the response of a public or

10  private hospital to an act of terrorism, as defined by s.

11  775.30, and which are filed with or in the possession of the

12  agency, a state or local law enforcement agency, a county or

13  municipal emergency management agency, the Executive Office of

14  the Governor, the Department of Health, or the Department of

15  Community Affairs are confidential and exempt from the

16  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

17  Constitution. Portions of a comprehensive emergency management

18  plan which address the response of a public or private

19  hospital to an act of terrorism include those portions

20  addressing security systems or plans; vulnerability analyses;

21  emergency evacuation transportation; sheltering arrangements;

22  post-disaster activities, including provisions for emergency

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

24  transportation; supplies, including drug caches; staffing;

25  emergency equipment; and individual identification of

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

27  family inquiries. This subsection is subject to the Open

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

29  119.15, and shall stand repealed on October 2, 2006, unless

30  reviewed and saved from repeal through reenactment by the

31  Legislature.

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    Florida House of Representatives - 2002                 HB 729

    409-118-02






  1         (2)  Those portions of a comprehensive emergency

  2  management plan which address the response of a public

  3  hospital to an act of terrorism, as defined by s. 775.30, and

  4  which are held by that public hospital are exempt from the

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

  6  Constitution. Portions of a comprehensive emergency management

  7  plan which address the response of a public hospital to an act

  8  of terrorism include those portions addressing security

  9  systems or plans; vulnerability analyses; emergency evacuation

10  transportation; sheltering arrangements; post-disaster

11  activities, including provisions for emergency power,

12  communications, food, and water; post-disaster transportation;

13  supplies, including drug caches; staffing; emergency

14  equipment; and individual identification of residents,

15  transfer of records, and methods of responding to family

16  inquiries. This subsection is subject to the Open Government

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

18  shall stand repealed on October 2, 2006, unless reviewed and

19  saved from repeal through reenactment by the Legislature.

20         (3)  Any portion of a public meeting which would reveal

21  information contained in a comprehensive emergency management

22  plan that addresses the response of a hospital to an act of

23  terrorism is exempt from the provisions of s. 286.011 and s.

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

25  subject to the Open Government Sunset Review Act of 1995, in

26  accordance with s. 119.15, and shall stand repealed on October

27  2, 2006, unless reviewed and saved from repeal through

28  reenactment by the Legislature.

29         (4)  The certification by the Governor, in coordination

30  with the Department of Health, of the sufficiency of a

31  comprehensive emergency management plan that addresses the

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    Florida House of Representatives - 2002                 HB 729

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  1  response of a hospital to an act of terrorism is a public

  2  record.

  3         Section 2.  The Legislature finds that the exemption

  4  from public records and public meeting requirements provided

  5  by this act is a public necessity because those portions of a

  6  comprehensive emergency management plan which address the

  7  response of a public or private hospital to an act of

  8  terrorism are vital plan components that affect the health and

  9  safety of the public. If security systems or plans;

10  vulnerability analyses; emergency evacuation transportation;

11  sheltering arrangements; post-disaster activities, including

12  provisions for emergency power, communications, food, and

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

14  caches; staffing; emergency equipment; and individual

15  identification of residents, transfer of records, and methods

16  of responding to family inquiries were made publicly available

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

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

19  hospital's response to an act of terrorism were hampered or

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

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

22  to use knowledge of plan components to disable a hospital's

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

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

25  coordinate complicated acts of terror. The hijacking and

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

27  and the attack on the Pentagon on September 11, 2001, as well

28  as the continued and purposeful spread of anthrax in

29  Washington, D.C., other states, and communities within this

30  state, which has resulted in the death of at least one

31  Floridian, provide evidence of such skill. The aftermath of

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    Florida House of Representatives - 2002                 HB 729

    409-118-02






  1  these events has also showed the importance of viable plans by

  2  which hospitals can respond to acts of terror. As a result,

  3  the Legislature finds that those portions of a comprehensive

  4  emergency management plan which address the response of a

  5  public or private hospital to an act of terrorism and which

  6  are filed with the Agency for Health Care Administration, a

  7  state or local law enforcement agency, a local emergency

  8  management agency, the Executive Office of the Governor, the

  9  Department of Health, or the Department of Community Affairs

10  must be confidential and exempt and that the emergency

11  management plans of a public hospital which are held by that

12  hospital must also be exempt.

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

14  that HB _____ or similar legislation defining "terrorism" for

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

16  legislation is adopted in the same legislative session or an

17  extension thereof and becomes law.

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    Florida House of Representatives - 2002                 HB 729

    409-118-02






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  2                          HOUSE SUMMARY

  3
      Provides an exemption from public records requirements
  4    for those portions of a comprehensive emergency
      management plan which address the response of a public or
  5    private hospital to an act of terrorism and which are
      filed with the Agency for Health Care Administration, a
  6    state or local law enforcement agency, a county emergency
      management agency, the Executive Office of the Governor,
  7    the Department of Health, or the Department of Community
      Affairs. Provides an exemption from public records
  8    requirements for those portions of a comprehensive
      emergency management plan which address the response of a
  9    public hospital to an act of terrorism and which are in
      the custody of that public hospital. Provides an
10    exemption from public meeting requirements for any
      portion of a public meeting which would reveal
11    information contained in a comprehensive emergency
      management plan that addresses the response of a hospital
12    to an act or terrorism. Provides that certification by
      the Governor of a comprehensive emergency management plan
13    that addresses the response of a hospital to an act of
      terrorism is a public record. Provides for future review
14    and repeal of the exemptions and provides a statement of
      public necessity. Provides that the act is contingent
15    upon passage of legislation that defines "terrorism" for
      purposes of the Florida Criminal Code.
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