Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1140
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2014           .                                

       Domestic Security (Dean) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 252.905, Florida Statutes, is created to
    6  read:
    7         252.905 Emergency planning information; public records
    8  exemption.—
    9         (1) Any information furnished by a person or a business to
   10  the division for the purpose of being provided assistance with
   11  emergency planning is exempt from s. 119.07(1) and s. 24(a),
   12  Art. I of the State Constitution. This exemption applies to
   13  information held by the division before, on, or after the
   14  effective date of this exemption.
   15         (2) This section is subject to the Open Government Sunset
   16  Review Act in accordance with s. 119.15, and shall stand
   17  repealed on October 2, 2019, unless reviewed and saved from
   18  repeal through reenactment by the Legislature.
   19         Section 2. The Legislature finds that it is a public
   20  necessity that information furnished by a person or a business
   21  to the Division of Emergency Management for the purpose of being
   22  provided assistance with emergency planning be made exempt from
   23  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   24  State Constitution. The Division of Emergency Management manages
   25  a statewide public awareness program to educate the public to be
   26  self-sufficient for up to 72 hours following a natural or
   27  manmade disaster. The public awareness program encourages
   28  individuals, families, and businesses to develop disaster plans
   29  in preparation of and in response to such natural or manmade
   30  disasters. Emergency plans may include sensitive information
   31  such as alternate locations for families to meet or business
   32  relocation in the event of building damage; business contacts,
   33  including utility providers, suppliers, and employees; backup
   34  suppliers for key materials and services depended upon by the
   35  business; important records and documents that the business
   36  needs to operate; and emergency community contacts and disaster
   37  resources. Without this exemption, the effective and efficient
   38  administration of the Division of Emergency Management’s
   39  statewide public awareness program is significantly impaired.
   40  The potential disclosure of sensitive information has served as
   41  a disincentive for creating a disaster plan, particularly among
   42  businesses that fear that the disclosure of sensitive
   43  information may place their businesses at a competitive
   44  disadvantage. Therefore, the Legislature finds that the harm
   45  that may result from the release of personal or business
   46  information obtained by the Division of Emergency Management for
   47  the purpose of providing assistance with emergency planning for
   48  the preparation of and response to a natural or manmade disaster
   49  outweighs any public benefit that may be derived from disclosure
   50  of the information.
   51         Section 3. This act shall take effect July 1, 2014.
   53  ================= T I T L E  A M E N D M E N T ================
   54  And the title is amended as follows:
   55         Delete everything before the enacting clause
   56  and insert:
   57                        A bill to be entitled                      
   58         An act relating to public records; creating s.
   59         252.905, F.S.; creating an exemption from public
   60         records requirements for information furnished to the
   61         Division of Emergency Management by a person or
   62         business for the purpose of obtaining assistance with
   63         emergency planning; providing for retroactive
   64         application of the exemption; providing for future
   65         repeal and legislative review of the exemption;
   66         providing a statement of public necessity; providing
   67         an effective date.