Florida Senate - 2014                             CS for SB 1140
       By the Committee on Military and Veterans Affairs, Space, and
       Domestic Security; and Senator Hays
       583-02834-14                                          20141140c1
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         252.905, F.S.; creating an exemption from public
    4         records requirements for information furnished to the
    5         Division of Emergency Management by a person or
    6         business for the purpose of obtaining assistance with
    7         emergency planning; providing for retroactive
    8         application of the exemption; providing for future
    9         repeal and legislative review of the exemption;
   10         providing a statement of public necessity; providing
   11         an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 252.905, Florida Statutes, is created to
   16  read:
   17         252.905 Emergency planning information; public records
   18  exemption.—
   19         (1) Any information furnished by a person or a business to
   20  the division for the purpose of being provided assistance with
   21  emergency planning is exempt from s. 119.07(1) and s. 24(a),
   22  Art. I of the State Constitution. This exemption applies to
   23  information held by the division before, on, or after the
   24  effective date of this exemption.
   25         (2) This section is subject to the Open Government Sunset
   26  Review Act in accordance with s. 119.15, and shall stand
   27  repealed on October 2, 2019, unless reviewed and saved from
   28  repeal through reenactment by the Legislature.
   29         Section 2. The Legislature finds that it is a public
   30  necessity that information furnished by a person or a business
   31  to the Division of Emergency Management for the purpose of being
   32  provided assistance with emergency planning be made exempt from
   33  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   34  State Constitution. The Division of Emergency Management manages
   35  a statewide public awareness program to educate the public to be
   36  self-sufficient for up to 72 hours following a natural or
   37  manmade disaster. The public awareness program encourages
   38  individuals, families, and businesses to develop disaster plans
   39  in preparation of and in response to such natural or manmade
   40  disasters. Emergency plans may include sensitive information
   41  such as alternate locations for families to meet or business
   42  relocation in the event of building damage; business contacts,
   43  including utility providers, suppliers, and employees; backup
   44  suppliers for key materials and services depended upon by the
   45  business; important records and documents that the business
   46  needs to operate; and emergency community contacts and disaster
   47  resources. Without this exemption, the effective and efficient
   48  administration of the Division of Emergency Management’s
   49  statewide public awareness program is significantly impaired.
   50  The potential disclosure of sensitive information has served as
   51  a disincentive for creating a disaster plan, particularly among
   52  businesses that fear that the disclosure of sensitive
   53  information may place their businesses at a competitive
   54  disadvantage. Therefore, the Legislature finds that the harm
   55  that may result from the release of personal or business
   56  information obtained by the Division of Emergency Management for
   57  the purpose of providing assistance with emergency planning for
   58  the preparation of and response to a natural or manmade disaster
   59  outweighs any public benefit that may be derived from disclosure
   60  of the information.
   61         Section 3. This act shall take effect July 1, 2014.