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
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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
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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
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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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