HB 7025

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding comprehensive emergency
4	management plan components; amending s. 395.1056, F.S.,
5	which provides an exemption from public records
6	requirements for those portions of a comprehensive
7	emergency management plan that address the response of a
8	public or private hospital to an act of terrorism and
9	which provides an exemption from public meetings
10	requirements for that portion of a public meeting which
11	would reveal information contained in a comprehensive
12	emergency management plan that addresses the response of a
13	hospital to an act of terrorism; reorganizing provisions,
14	making editorial changes, and removing superfluous
15	language; removing the scheduled repeal of the exemptions
16	under the Open Government Sunset Review Act; providing an
17	effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 395.1056, Florida Statutes, is amended
22	to read:
23	395.1056  Plan components addressing a hospital's response
24	to terrorism; public records exemption; public meetings
25	exemption.--
26	(1)(a)  Those portions of a comprehensive emergency
27	management plan that which address the response of a public or
28	private hospital to an act of terrorism as defined by s. 775.30
29	and which are held by filed with or are in the possession of the
30	agency, a state or local law enforcement agency, a county or
31	municipal emergency management agency, the Executive Office of
32	the Governor, the Department of Health, or the Department of
33	Community Affairs are confidential and exempt from the
34	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
35	Constitution. This exemption is remedial in nature, and it is
36	the intent of the Legislature that this exemption be applied to
37	plans filed with the agency before, on, or after the effective
38	date of this section.
39	(b)  Information made confidential and exempt by this
40	subsection may be disclosed by a custodial agency to another
41	state or federal agency to prevent, detect, guard against,
42	respond to, investigate, or manage the consequences of any
43	attempted or actual act of terrorism, or to prosecute those
44	persons who are responsible for such attempts or acts, and the
45	confidential and exempt status of such information shall be
46	retained while in the possession of the receiving agency.
47	(c)  Portions of a comprehensive emergency management plan
48	that which address the response of a public or private hospital
49	to an act of terrorism include those portions addressing:
50	1.  Security systems or plans;
51	2.  Vulnerability analyses;
52	3.  Emergency evacuation transportation;
53	4.  Sheltering arrangements;
54	5.  Postdisaster activities, including provisions for
55	emergency power, communications, food, and water;
56	6.  Postdisaster transportation;
57	7.  Supplies, including drug caches;
58	8.  Staffing;
59	9.  Emergency equipment; and
60	10.  Individual identification of residents, transfer of
61	records, and methods of responding to family inquiries. This
62	subsection is subject to the Open Government Sunset Review Act
63	of 1995 in accordance with s. 119.15 and shall stand repealed
64	October 2, 2006, unless reviewed and saved from repeal through
65	reenactment by the Legislature.
66	(2)  Those portions of a comprehensive emergency management
67	plan that which address the response of a public hospital to an
68	act of terrorism as defined by s. 775.30 and which are held by
69	in the custody of that public hospital are exempt from the
70	requirements of s. 119.07(1) and s. 24(a), Art. I of the State
71	Constitution. Portions of a comprehensive emergency management
72	plan that which address the response of a public hospital to an
73	act of terrorism include those portions addressing:
74	(a)  Security systems or plans;
75	(b)  Vulnerability analyses;
76	(c)  Emergency evacuation transportation;
77	(d)  Sheltering arrangements;
78	(e)  Postdisaster activities, including provisions for
79	emergency power, communications, food, and water;
80	(f)  Postdisaster transportation;
81	(g)  Supplies, including drug caches;
82	(h)  Staffing;
83	(i)  Emergency equipment; and
84	(j)  Individual identification of residents, transfer of
85	records, and methods of responding to family inquiries. This
86	subsection is subject to the Open Government Sunset Review Act
87	of 1995 in accordance with s. 119.15 and shall stand repealed
88	October 2, 2006, unless reviewed and saved from repeal through
89	reenactment by the Legislature.
90	(3)  The public records exemptions provided by this section
91	are remedial in nature, and it is the intent of the Legislature
92	that the exemptions apply to plans held by a custodial agency
93	before, on, or after the effective date of this section.
94	(4)  That Any portion of a public meeting which would
95	reveal information contained in a comprehensive emergency
96	management plan that which addresses the response of a hospital
97	to an act of terrorism is exempt from the provisions of s.
98	286.011 and s. 24(b), Art. I of the State Constitution. This
99	subsection is subject to the Open Government Sunset Review Act
100	of 1995 in accordance with s. 119.15 and shall stand repealed
101	October 2, 2006, unless reviewed and saved from repeal through
102	reenactment by the Legislature.
103	(5)(4)  The certification by the Governor, in coordination
104	with the Department of Health, of the sufficiency of a
105	comprehensive emergency management plan that addresses the
106	response of a hospital to an act of terrorism is not exempt.
107	Section 2.  This act shall take effect October 1, 2006.

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