Senate Bill sb7014pb

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7014

    FOR CONSIDERATION By the Committee on Domestic Security





    583-551-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         119.071, F.S., relating to an exemption from

  5         public-records requirements provided for

  6         security system plans held by a state agency;

  7         saving the exemption from repeal under the Open

  8         Government Sunset Review Act; deleting

  9         provisions providing for the repeal of the

10         exemption; amending s. 286.0113, F.S., relating

11         to an exemption from public-meetings

12         requirements provided for any meeting that

13         would reveal a security system plan, or portion

14         thereof, which is exempt from disclosure;

15         saving the exemption from repeal under the Open

16         Government Sunset Review Act; deleting

17         provisions providing for the repeal of the

18         exemption; providing an effective date.

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

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

23  119.071, Florida Statutes, is amended to read:

24         119.071  General exemptions from inspection or copying

25  of public records.--

26         (3)  SECURITY.--

27         (a)  A security system plan or portion thereof for:

28         1.  Any property owned by or leased to the state or any

29  of its political subdivisions; or

30         2.  Any privately owned or leased property

31  

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7014
    583-551-06




 1  which plan or portion thereof is held by any agency is

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

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

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

 5  photographs, audio and visual presentations, schematic

 6  diagrams, surveys, recommendations, or consultations or

 7  portions thereof relating directly to the physical security of

 8  the facility or revealing security systems; threat assessments

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

10  plans; emergency evacuation plans; sheltering arrangements; or

11  manuals for security personnel, emergency equipment, or

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

13  is the intent of the Legislature that this exemption be

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

15  or after the effective date of this paragraph. Information

16  made confidential and exempt by this paragraph may be

17  disclosed by the custodial agency to the property owner or

18  leaseholder; or such information may be disclosed by the

19  custodial agency to another state or federal agency to

20  prevent, detect, guard against, respond to, investigate, or

21  manage the consequences of any attempted or actual act of

22  terrorism, or to prosecute those persons who are responsible

23  for such attempts or acts, and the confidential and exempt

24  status of such information shall be retained while in the

25  possession of the receiving agency. This paragraph is subject

26  to the Open Government Sunset Review Act in accordance with s.

27  119.15 and shall stand repealed on October 2, 2006, unless

28  reviewed and saved from repeal through reenactment by the

29  Legislature.

30         Section 2.  Section 286.0113, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7014
    583-551-06




 1         286.0113  General exemptions from public

 2  meetings.--Those portions of any meeting which would reveal a

 3  security system plan or portion thereof made confidential and

 4  exempt by s. 119.071(3)(a) are exempt from the provisions of

 5  s. 286.011 and s. 24(b), Art. I of the State Constitution.

 6  This section is subject to the Open Government Sunset Review

 7  Act, in accordance with s. 119.15, and shall stand repealed on

 8  October 2, 2006, unless reviewed and saved from repeal through

 9  reenactment by the Legislature.

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

11  

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13                          SENATE SUMMARY

14    Removes the repeal under the Open Government Sunset
      Review Act of an exemption from public-records
15    requirements provided for security system plans held by a
      state agency and an exemption from public-meetings
16    requirements provided for any portion of a meeting which
      would reveal such a security system plan.
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