Florida Senate - 2014                                    SB 1140
       By Senator Hays
       11-01173A-14                                          20141140__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for information furnished to an
    5         agency by a person or business for the purpose of
    6         obtaining assistance with emergency planning or
    7         emergency notification; providing a statement of
    8         public necessity; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Paragraph (j) of subsection (5) of section
   13  119.071, Florida Statutes, is amended to read:
   14         119.071 General exemptions from inspection or copying of
   15  public records.—
   17         (j)1. Any information furnished by a person or business to
   18  an agency for the purpose of being provided assistance with
   19  emergency planning or emergency notification by the agency,
   20  including the person’s name, address, telephone number, e-mail
   21  address, or other electronic communication address, is exempt
   22  from s. 119.07(1) and s. 24(a), Art. I of the State
   23  Constitution. This exemption applies to information held by an
   24  agency before, on, or after the effective date of this
   25  exemption.
   26         2. This paragraph is subject to the Open Government Sunset
   27  Review Act in accordance with s. 119.15, and shall stand
   28  repealed on October 2, 2016, unless reviewed and saved from
   29  repeal through reenactment by the Legislature.
   30         Section 2. The Legislature finds that it is a public
   31  necessity that information furnished by a person or business to
   32  an agency for the purpose of obtaining assistance with emergency
   33  planning or emergency notification be exempt from s. 119.07(1),
   34  Florida Statutes, and s. 24(a), Article I of the State
   35  Constitution. The Division of Emergency Management manages a
   36  statewide public awareness program to educate the public to be
   37  self-sufficient for up to 72 hours following a natural or
   38  manmade disaster. The public awareness program encourages
   39  individuals, families, and businesses to develop disaster plans
   40  in preparation of and in response to such natural or manmade
   41  disasters. Emergency plans may include sensitive information
   42  such as alternate locations for families to meet or business
   43  relocation in the event of building damage; business contacts,
   44  including utility providers, suppliers, and employees; backup
   45  suppliers for key materials and services depended upon by the
   46  business; important records and documents that the business
   47  needs to operate; and emergency community contacts and disaster
   48  resources. The potential disclosure of sensitive information has
   49  served as a disincentive for creating a disaster plan,
   50  particularly among businesses that fear that the disclosure of
   51  sensitive information may place their businesses at a
   52  competitive disadvantage. Therefore, the Legislature finds that
   53  the harm that may result from the release of personal or
   54  business information obtained by an agency for emergency
   55  planning for the preparation of and in response to a natural or
   56  manmade disaster outweighs any public benefit that may be
   57  derived from disclosure of the information.
   58         Section 3. This act shall take effect July 1, 2014.