Senate Bill sb7018pb

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7018

    FOR CONSIDERATION By the Committee on Domestic Security





    583-554-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         395.1056, F.S., relating to exemptions from

  5         public-records requirements provided for

  6         portions of comprehensive emergency management

  7         plans which address a hospital's response to

  8         terrorism and an exemption from public-meetings

  9         requirements provided for public meetings which

10         would reveal an emergency management plan that

11         is exempt from disclosure; saving the

12         exemptions from repeal under the Open

13         Government Sunset Review Act; deleting

14         provisions providing for the repeal of the

15         exemptions; providing an effective date.

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

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19         Section 1.  Subsections (1), (2), and (3) of section

20  395.1056, Florida Statutes, are amended to read:

21         395.1056  Plan components addressing a hospital's

22  response to terrorism; public records exemption; public

23  meetings exemption.--

24         (1)  Those portions of a comprehensive emergency

25  management plan which address the response of a public or

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

27  775.30 and which are filed with or are in the possession of

28  the agency, a state or local law enforcement agency, a county

29  or municipal emergency management agency, the Executive Office

30  of the Governor, the Department of Health, or the Department

31  of Community Affairs are confidential and exempt from the

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7018
    583-554-06




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

 2  Constitution. This exemption is remedial in nature, and it is

 3  the intent of the Legislature that this exemption be applied

 4  to plans filed with the agency before, on, or after the

 5  effective date of this section. Information made confidential

 6  and exempt by this subsection may be disclosed by a custodial

 7  agency to another state or federal agency to prevent, detect,

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

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

10  to prosecute those persons who are responsible for such

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

12  such information shall be retained while in the possession of

13  the receiving agency. Portions of a comprehensive emergency

14  management plan which address the response of a public or

15  private hospital to an act of terrorism include those portions

16  addressing security systems or plans; vulnerability analyses;

17  emergency evacuation transportation; sheltering arrangements;

18  postdisaster activities, including provisions for emergency

19  power, communications, food, and water; postdisaster

20  transportation; supplies, including drug caches; staffing;

21  emergency equipment; and individual identification of

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

23  family inquiries. This subsection is subject to the Open

24  Government Sunset Review Act of 1995 in accordance with s.

25  119.15 and shall stand repealed October 2, 2006, unless

26  reviewed and saved from repeal through reenactment by the

27  Legislature.

28         (2)  Those portions of a comprehensive emergency

29  management plan which address the response of a public

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

31  which are in the custody of that public hospital are exempt

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7018
    583-554-06




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

 2  the State Constitution. Portions of a comprehensive emergency

 3  management plan which address the response of a public

 4  hospital to an act of terrorism include those portions

 5  addressing security systems or plans; vulnerability analyses;

 6  emergency evacuation transportation; sheltering arrangements;

 7  postdisaster activities, including provisions for emergency

 8  power, communications, food, and water; postdisaster

 9  transportation; supplies, including drug caches; staffing;

10  emergency equipment; and individual identification of

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

12  family inquiries. This subsection is subject to the Open

13  Government Sunset Review Act of 1995 in accordance with s.

14  119.15 and shall stand repealed October 2, 2006, unless

15  reviewed and saved from repeal through reenactment by the

16  Legislature.

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

18  information contained in a comprehensive emergency management

19  plan which addresses the response of a hospital to an act of

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

21  24(b), Art. I of the State Constitution. This subsection is

22  subject to the Open Government Sunset Review Act of 1995 in

23  accordance with s. 119.15 and shall stand repealed October 2,

24  2006, unless reviewed and saved from repeal through

25  reenactment by the Legislature.

26         Section 2.  This act shall take effect October 1, 2006.

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7018
    583-554-06




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 2                          SENATE SUMMARY

 3    Removes the repeal under the Open Government Sunset
      Review Act of exemptions from public-records requirements
 4    provided for emergency management plans that address a
      hospital's response to terrorism and an exemption from
 5    public-meetings requirements provided for portions of a
      public meeting which would reveal such an emergency
 6    management plan.

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