HB 7033

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding security system plans;
4	amending s. 119.071, F.S., which provides an exemption
5	from public records requirements for security system plans
6	for any property owned by or leased to the state or any of
7	its political subdivisions and any privately owned or
8	leased property; reorganizing provisions, making editorial
9	changes, and removing superfluous language; removing the
10	scheduled repeal of the exemption under the Open
11	Government Sunset Review Act; amending s. 286.0113, F.S.,
12	which provides an exemption from public meetings
13	requirements for a meeting that would reveal a security
14	system plan or portion thereof; making editorial changes;
15	removing the scheduled repeal of the exemption under the
16	Open Government Sunset Review Act; providing an effective
17	date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Paragraph (a) of subsection (3) of section
22	119.071, Florida Statutes, is amended to read:
23	119.071  General exemptions from inspection or copying of
24	public records.--
25	(3)  SECURITY.--
26	(a)1.  As used in this paragraph, the term "security system
27	plan" includes all:
28	a.  Records, information, photographs, audio and visual
29	presentations, schematic diagrams, surveys, recommendations, or
30	consultations or portions thereof relating directly to the
31	physical security of the facility or revealing security systems;
32	b.  Threat assessments conducted by any agency or any
33	private entity;
34	c.  Threat response plans;
35	d.  Emergency evacuation plans;
36	e.  Sheltering arrangements; or
37	f.  Manuals for security personnel, emergency equipment, or
38	security training.
39	2.  A security system plan or portion thereof for:
40	a.1.  Any property owned by or leased to the state or any
41	of its political subdivisions; or
42	b.2.  Any privately owned or leased property
43
44	which plan or portion thereof is held by an any agency is
45	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
46	of the State Constitution. As used in this paragraph, the term a
47	"security system plan" includes all records, information,
48	photographs, audio and visual presentations, schematic diagrams,
49	surveys, recommendations, or consultations or portions thereof
50	relating directly to the physical security of the facility or
51	revealing security systems; threat assessments conducted by any
52	agency or any private entity; threat response plans; emergency
53	evacuation plans; sheltering arrangements; or manuals for
54	security personnel, emergency equipment, or security training.
55	This exemption is remedial in nature and it is the intent of the
56	Legislature that this exemption apply be applied to security
57	system plans held by an agency before, on, or after the
58	effective date of this paragraph.
59	3.  Information made confidential and exempt by this
60	paragraph may be disclosed by the custodian of public records
61	custodial agency to:
62	a.  The property owner or leaseholder; or
63	b.  Such information may be disclosed by the custodial
64	agency to Another state or federal agency to prevent, detect,
65	guard against, respond to, investigate, or manage the
66	consequences of any attempted or actual act of terrorism, or to
67	prosecute those persons who are responsible for such attempts or
68	acts, and the confidential and exempt status of such information
69	shall be retained while in the possession of the receiving
70	agency. This paragraph is subject to the Open Government Sunset
71	Review Act in accordance with s. 119.15 and shall stand repealed
72	on October 2, 2006, unless reviewed and saved from repeal
73	through reenactment by the Legislature.
74	Section 2.  Section 286.0113, Florida Statutes, is amended
75	to read:
76	286.0113  General exemptions from public meetings.--That
77	portion Those portions of a any meeting that which would reveal
78	a security system plan or portion thereof made confidential and
79	exempt by s. 119.071(3)(a) is are exempt from the provisions of
80	s. 286.011 and s. 24(b), Art. I of the State Constitution. This
81	section is subject to the Open Government Sunset Review Act, in
82	accordance with s. 119.15, and shall stand repealed on October
83	2, 2006, unless reviewed and saved from repeal through
84	reenactment by the Legislature.
85	Section 3.  This act shall take effect October 1, 2006.

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