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.