Senate Bill sb0696c1

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    Florida Senate - 2006                            CS for SB 696

    By the Committees on Governmental Oversight and Productivity;
    and Domestic Security




    585-2080-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act regarding security

  4         system plans; amending s. 119.071, F.S., which

  5         provides an exemption from public records

  6         requirements for security system plans for any

  7         property owned by or leased to the state or any

  8         of its political subdivisions and any privately

  9         owned or leased property; reorganizing

10         provisions, making editorial changes, and

11         removing superfluous language; removing the

12         scheduled repeal of the exemption under the

13         Open Government Sunset Review Act; amending s.

14         286.0113, F.S., which provides an exemption

15         from public meetings requirements for a meeting

16         that would reveal a security system plan or

17         portion thereof; making editorial changes;

18         removing the scheduled repeal of the exemption

19         under the Open Government Sunset Review Act;

20         providing an effective date.

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

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24         Section 1.  Paragraph (a) of subsection (3) of section

25  119.071, Florida Statutes, is amended to read:

26         119.071  General exemptions from inspection or copying

27  of public records.--

28         (3)  SECURITY.--

29         (a)1.  As used in this paragraph, the term "security

30  system plan" includes all:

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    Florida Senate - 2006                            CS for SB 696
    585-2080-06




 1         a.  Records, information, photographs, audio and visual

 2  presentations, schematic diagrams, surveys, recommendations,

 3  or consultations or portions thereof relating directly to the

 4  physical security of the facility or revealing security

 5  systems;

 6         b.  Threat assessments conducted by any agency or any

 7  private entity;

 8         c.  Threat response plans;

 9         d.  Emergency evacuation plans;

10         e.  Sheltering arrangements; or

11         f.  Manuals for security personnel, emergency

12  equipment, or security training.

13         2.  A security system plan or portion thereof for:

14         a.1.  Any property owned by or leased to the state or

15  any of its political subdivisions; or

16         b.2.  Any privately owned or leased property

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18  which plan or portion thereof is held by an any agency is

19  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

20  of the State Constitution. As used in this paragraph, the term

21  a "security system plan" includes all records, information,

22  photographs, audio and visual presentations, schematic

23  diagrams, surveys, recommendations, or consultations or

24  portions thereof relating directly to the physical security of

25  the facility or revealing security systems; threat assessments

26  conducted by any agency or any private entity; threat response

27  plans; emergency evacuation plans; sheltering arrangements; or

28  manuals for security personnel, emergency equipment, or

29  security training. This exemption is remedial in nature and it

30  is the intent of the Legislature that this exemption apply be

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    Florida Senate - 2006                            CS for SB 696
    585-2080-06




 1  applied to security system plans held by an agency before, on,

 2  or after the effective date of this paragraph.

 3         3.  Information made confidential and exempt by this

 4  paragraph may be disclosed by the custodian of public records

 5  custodial agency to:

 6         a.  The property owner or leaseholder; or

 7         b.  Such information may be disclosed by the custodial

 8  agency to Another state or federal agency to prevent, detect,

 9  guard against, respond to, investigate, or manage the

10  consequences of any attempted or actual act of terrorism, or

11  to prosecute those persons who are responsible for such

12  attempts or acts, and the confidential and exempt status of

13  such information shall be retained while in the possession of

14  the receiving agency. This paragraph is subject to the Open

15  Government Sunset Review Act in accordance with s. 119.15 and

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

17  saved from repeal through reenactment by the Legislature.

18         Section 2.  Section 286.0113, Florida Statutes, is

19  amended to read:

20         286.0113  General exemptions from public

21  meetings.--That portion Those portions of a any meeting that

22  which would reveal a security system plan or portion thereof

23  made confidential and exempt by s. 119.071(3)(a) is are exempt

24  from the provisions of s. 286.011 and s. 24(b), Art. I of the

25  State Constitution. This section is subject to the Open

26  Government Sunset Review Act, in accordance with s. 119.15,

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

28  and saved from repeal through reenactment by the Legislature.

29         Section 3.  This act shall take effect October 1, 2006.

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    Florida Senate - 2006                            CS for SB 696
    585-2080-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                              SB 696

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 4  Reorganizes the public records exemption for clarity.

 5  Removes unnecessary language regarding custodial requirements.

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