House Bill hb0735

    Florida House of Representatives - 2002                 HB 735

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





  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating s. 119.071, F.S.; providing an

  4         exemption from public records requirements for

  5         a security system plan or portion thereof for

  6         any property owned by or leased to the state or

  7         any of its political subdivisions, or any

  8         privately owned or leased property, that is in

  9         the possession of a state agency; providing an

10         exemption from public meeting requirements for

11         those portions of any meeting which would

12         reveal a security system plan or portion

13         thereof made confidential and exempt under the

14         act; providing for future review and repeal;

15         providing a statement of public necessity;

16         providing an effective date.

17

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

19

20         Section 1.  Section 119.071, Florida Statutes, is

21  created to read:

22         119.071  Security system plans; records and meetings

23  exempt from public access or disclosure.--A security system

24  plan or portion thereof for any property owned by or leased to

25  the state or any of its political subdivisions, or any

26  privately owned or leased property, which plan or portion

27  thereof is in the possession of any agency, as defined in s.

28  119.011(2), is confidential and exempt from the provisions of

29  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

30  Those portions of any meeting which would reveal a security

31  system plan or portion thereof made confidential and exempt by

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






    Florida House of Representatives - 2002                 HB 735

    409-125-02






  1  this section are exempt from the provisions of s. 286.011 and

  2  s. 24(b), Art. I of the State Constitution. A security system

  3  plan includes all records, information, photographs, audio and

  4  visual presentations, schematic diagrams, surveys,

  5  recommendations, or consultations or portions thereof relating

  6  directly to or revealing security systems; threat assessments

  7  conducted by any agency as defined in s. 119.011(2) or any

  8  private entity; threat-response plans; emergency evacuation

  9  plans; sheltering arrangements; or manuals for security

10  personnel, emergency equipment, or security training. This

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

12  1995, in accordance with s. 119.15, and shall stand repealed

13  on October 2, 2006, unless reviewed and saved from repeal

14  through reenactment by the Legislature.

15         Section 2.  The Legislature finds that the exemption

16  from public records and public meetings requirements provided

17  by this act is a public necessity because security system

18  plans are a vital component of public safety. Security system

19  plans contain components that address safety issues for public

20  and private property on which public business is conducted and

21  address the security of private property on which a large

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

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

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

25  owned infrastructure to provide necessary services. To

26  coordinate the response of the public sector and the private

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

28  agencies must be able to review security system plans for

29  public and private property. If the information in security

30  system plans is available for inspection and copying,

31  terrorists could use this information to hamper or disable

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    Florida House of Representatives - 2002                 HB 735

    409-125-02






  1  emergency response preparedness, increasing injuries and

  2  fatalities. Although some skill would be required to use such

  3  information to further an act of terrorism, ample evidence of

  4  the capabilities of terrorists to conduct complicated acts of

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

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

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

  8  the death of one Floridian, provide evidence that such

  9  capabilities exist. These events also have shown the

10  importance of a coordinated response to acts of terrorism and

11  the need for the review of public and private security system

12  plans. Consequently, the Legislature finds that security

13  system plans and meetings related thereto must be kept

14  confidential.

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

16  law.

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18            *****************************************

19                          HOUSE SUMMARY

20
      Provides an exemption from public records requirements
21    for a security system plan or portion thereof for any
      property owned by or leased to the state or any of its
22    political subdivisions, or any privately owned or leased
      property, that is in the possession of a state agency.
23    Provides an exemption from public meeting requirements
      for those portions of any meeting which would reveal a
24    security system plan or portion thereof made confidential
      and exempt under the act. Provides for future review and
25    repeal and provides a statement of public necessity.

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