Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1224
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LEGISLATIVE ACTION
Senate . House
Comm: RS .
03/22/2017 .
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The Committee on Military and Veterans Affairs, Space, and
Domestic Security (Passidomo) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 1004.0962, Florida Statutes, is created
6 to read:
7 1004.0962 Campus emergency response of a public
8 postsecondary educational institution; public records exemption;
9 public meetings exemption.—
10 (1) As used in this section, the term “campus emergency
11 response” means a public postsecondary education institution’s
12 response to or plan for responding to an act of terrorism, as
13 defined by s. 775.30, or other public safety crisis or
14 emergency, and includes information relating to:
15 (a) Records, information, photographs, audio and visual
16 presentations, schematic diagrams, surveys, recommendations, or
17 consultations or portions thereof.
18 (b) Threat assessments conducted by any agency or private
19 entity.
20 (c) Threat response plans.
21 (d) Emergency evacuation plans.
22 (e) Sheltering arrangements.
23 (f) Manuals for security personnel, emergency equipment, or
24 security training.
25 (g) Security systems or plans.
26 (h) Vulnerability analyses.
27 (i) Postdisaster activities, including provisions for
28 emergency power, communications, food, and water.
29 (j) Postdisaster transportation.
30 (k) Supplies, including drug caches.
31 (l) Staffing.
32 (m) Emergency equipment.
33 (n) Individual identification of students, faculty, and
34 staff; the transfer of records; and methods of responding to
35 family inquiries.
36 (2)(a) Any portion of a campus emergency response held by a
37 public postsecondary institution is exempt from s. 119.07(1) and
38 s. 24(a), Art. I of the State Constitution.
39 (b) Any portion of a campus emergency response held by a
40 state or local law enforcement agency, a county or municipal
41 emergency management agency, the Executive Office of the
42 Governor, the Department of Education, the Board of Governors of
43 the State University System, or the Division of Emergency
44 Management is exempt from s. 119.07(1) and s. 24(a), Art. I of
45 the State Constitution.
46 (3) The public records exemptions provided by this section
47 are remedial in nature, and it is the intent of the Legislature
48 that the exemptions apply to plans held by a custodial agency
49 before, on, or after the effective date of this section.
50 (4) That portion of a public meeting which would reveal
51 information related to a campus emergency response is exempt
52 from s. 286.011 and s. 24(b), Art. I of the State Constitution.
53 (5) This section is subject to the Open Government Sunset
54 Review Act in accordance with s. 119.15 and shall stand repealed
55 on October 2, 2022, unless reviewed and saved from repeal
56 through reenactment by the Legislature.
57 Section 2. The Legislature finds that it is a public
58 necessity that those portions of a campus emergency response
59 held by a public postsecondary educational institution which
60 address the response of a public postsecondary educational
61 institution to an act of terrorism and those portions of a
62 campus emergency response of a public postsecondary institution
63 which are filed or shared with a state or local law enforcement
64 agency, a county or municipal emergency management agency, the
65 Executive Office of the Governor, the Department of Education,
66 the Board of Governors of the State University System, or the
67 Division of Emergency Management be made exempt from s.
68 119.07(1), Florida Statutes, and s. 24(a), Article I of the
69 State Constitution. It is also the finding of the Legislature
70 that any portion of a public meeting which would reveal
71 information related to a campus emergency response be made
72 exempt from s. 286.011, Florida Statutes, and s. 24(b), Article
73 I of the State Constitution. A campus emergency response affects
74 the health and safety of the students, faculty, staff, and the
75 public at large. If campus emergency responses were made
76 publicly available for inspection or copying, they could be used
77 to hamper or disable the response of a public postsecondary
78 educational institution to an act of terrorism, or other public
79 safety crisis or emergency. If a public postsecondary
80 educational institution’s response to these events were hampered
81 or disabled, an increase in the number of Floridians subjected
82 to fatal injury would occur. There is ample existing evidence of
83 the capabilities of terrorists and other criminals to plot,
84 plan, and coordinate complicated acts of terror and violence on
85 university and college campuses all over the country. The
86 aftermath of these events has also showed the importance of
87 viable plans by which public postsecondary educational
88 institutions can respond to terrorist attacks and other public
89 safety crises or emergencies.
90 Section 3. This act shall take effect July 1, 2017.
91
92 ================= T I T L E A M E N D M E N T ================
93 And the title is amended as follows:
94 Delete everything before the enacting clause
95 and insert:
96 A bill to be entitled
97 An act relating to public records and public meetings;
98 creating s. 1004.0962, F.S.; defining the term “campus
99 emergency response”; providing an exemption from
100 public records requirements for those portions of a
101 campus emergency response which address the response
102 of a public postsecondary educational institution to
103 an act of terrorism or other public safety crisis or
104 emergency; providing for retroactive application;
105 providing an exemption from public meeting
106 requirements for any portion of a public meeting which
107 would reveal those portions of a campus emergency
108 response which address the response of a public
109 postsecondary educational institution to an act of
110 terrorism or other public safety crisis or emergency;
111 providing for future legislative review and repeal of
112 the exemptions; providing a statement of public
113 necessity; providing an effective date.