Florida Senate - 2017 SB 1224 By Senator Passidomo 28-00729-17 20171224__ 1 A bill to be entitled 2 An act relating to public records and public meetings; 3 creating s. 252.64, F.S.; creating an exemption from 4 public records requirements for portions of an 5 emergency management plan which address a public or 6 nonpublic postsecondary educational institution’s 7 response to an act of terrorism; authorizing 8 disclosure under specified circumstances; creating an 9 exemption from public records requirements for 10 portions of an emergency management plan which address 11 a public postsecondary educational institution’s 12 response to an act of terrorism and which are held by 13 that institution; providing for retroactive 14 application; creating an exemption from public 15 meetings requirements for any portion of a meeting at 16 which a component of an emergency management plan 17 which addresses a postsecondary educational 18 institution’s response to an act of terrorism is 19 discussed; specifying that the Governor’s 20 certification of the sufficiency of a plan’s response 21 to an act of terrorism is not exempt; providing for 22 future legislative review and repeal; providing 23 statements of public necessity; providing an effective 24 date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 252.64, Florida Statutes, is created to 29 read: 30 252.64 Emergency management plan components addressing a 31 postsecondary educational institution’s response to terrorism; 32 public records and public meetings exemptions.— 33 (1)(a) Portions of a comprehensive emergency management 34 plan which address the response of a public or nonpublic 35 postsecondary educational institution to an act of terrorism, as 36 defined by s. 775.30, which are held by the division, a state or 37 local law enforcement agency, a county or municipal emergency 38 management agency, the Executive Office of the Governor, or the 39 Department of Education are confidential and exempt from s. 40 119.07(1) and s. 24(a), Art. I of the State Constitution. 41 (b) Information made confidential and exempt by this 42 subsection may be disclosed by a custodial agency to another 43 state or a federal agency to prevent, detect, guard against, 44 respond to, investigate, or manage the consequences of any 45 attempted or actual act of terrorism or to prosecute those 46 persons who are responsible for such attempts or acts. 47 (c) Portions of a comprehensive emergency management plan 48 which address the response of a public or nonpublic 49 postsecondary educational institution to an act of terrorism 50 include those portions addressing: 51 1. Security systems or plans; 52 2. Vulnerability analyses; 53 3. Emergency evacuation transportation; 54 4. Sheltering arrangements; 55 5. Postdisaster activities, including provisions for 56 emergency power, communications, food, and water; 57 6. Postdisaster transportation; 58 7. Supplies; 59 8. Staffing; 60 9. Emergency equipment; and 61 10. Individual identification of students, transfer of 62 records, and methods of responding to family inquiries. 63 (2) Portions of a comprehensive emergency management plan 64 which address the response of a public postsecondary educational 65 institution to an act of terrorism, as defined by s. 775.30, 66 held by that institution are exempt from s. 119.07(1) and s. 67 24(a), Art. I of the State Constitution. Portions of a 68 comprehensive emergency management plan which address the 69 response of a public postsecondary educational institution to an 70 act of terrorism include those portions addressing items 71 described in subparagraphs (1)(c)1.-10. 72 (3) The public records exemptions provided in this section 73 are remedial in nature and apply to plans held by a custodial 74 agency before, on, or after the effective date of this section. 75 (4) Any portion of a meeting at which information contained 76 in a comprehensive emergency management plan addressing a 77 postsecondary educational institution’s response to an act of 78 terrorism is discussed is exempt from s. 286.011 and s. 24(b), 79 Art. I of the State Constitution. 80 (5) The certification by the Governor, in coordination with 81 the Department of Education, of the sufficiency of a 82 comprehensive emergency management plan that addresses the 83 response of a postsecondary educational institution to an act of 84 terrorism is not exempt. 85 (6) This section is subject to the Open Government Sunset 86 Review Act in accordance with s. 119.15 and shall stand repealed 87 on October 2, 2022, unless reviewed and saved from repeal 88 through reenactment by the Legislature. 89 Section 2. (1) The Legislature finds that it is a public 90 necessity that portions of a comprehensive emergency management 91 plan which address the response of a public or nonpublic 92 postsecondary educational institution to an act of terrorism and 93 which are held by the Division of Emergency Management, a state 94 or local law enforcement agency, a county or municipal emergency 95 management agency, the Executive Office of the Governor, or the 96 Department of Education be confidential and exempt from s. 97 119.07(1), Florida Statutes, and s. 24(a), Article I of the 98 State Constitution. The Legislature also finds that it is a 99 public necessity that such portions of an emergency management 100 plan be exempt from public records requirements when held by a 101 public postsecondary educational institution. Portions of an 102 emergency management plan which address a postsecondary 103 educational institution’s response to an act of terror are vital 104 plan components affecting the health and safety of the community 105 that the institution serves. If details regarding security 106 systems or plans, vulnerability analyses, emergency evacuation 107 transportation, sheltering arrangements, postdisaster 108 activities, postdisaster transportation, supplies, staffing, 109 emergency equipment, and methods of individual notification were 110 made publicly available for inspection and copying, they could 111 be used to hamper or disrupt the institution’s response to a 112 terror attack and potentially result in an increased number of 113 injuries or fatalities. The availability of such information 114 could aid terrorists in plotting, planning, and coordinating an 115 act of terror impacting a postsecondary educational institution. 116 The harm that would result from the release of such information 117 substantially outweighs any public benefit that would be 118 achieved by disclosure. 119 (2) The Legislature further finds that it is a public 120 necessity that portions of meetings at which information 121 contained in a comprehensive emergency management plan 122 addressing a postsecondary educational institution’s response to 123 an act of terrorism is discussed be exempt from s. 286.011, 124 Florida Statutes, and s. 24(b), Article I of the State 125 Constitution. The failure to close portions of meetings at which 126 such information is discussed would defeat the purpose of the 127 public records exemption. 128 Section 3. This act shall take effect July 1, 2017.