Florida Senate - 2018                                    SB 1940
       
       
        
       By Senators Galvano and Benacquisto
       
       
       
       
       
       21-03852-18                                           20181940__
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         amending s. 943.082, F.S.; creating an exemption from
    4         public records requirements for the identity of a
    5         reporting party held by a specified entity; amending
    6         s. 943.687, F.S.; providing an exemption from public
    7         meetings requirements for portions of meetings of the
    8         Marjory Stoneman Douglas High School Public Safety
    9         Commission at which exempt or confidential and exempt
   10         information is discussed; amending s. 1006.12, F.S.;
   11         providing an exemption from public records
   12         requirements for information that would identify
   13         whether a particular individual has been appointed as
   14         a safe-school officer; providing for future
   15         legislative review and repeal of the exemptions;
   16         providing statements of public necessity; providing a
   17         contingent effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (6) is added to section 943.082,
   22  Florida Statutes, as created by SB 7026, 2018 Regular Session,
   23  to read:
   24         943.082 School Safety Awareness Program.—
   25         (6)The identity of the reporting party held by the
   26  department, a law enforcement agency, or school officials is
   27  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   28  of the State Constitution. This subsection is subject to the
   29  Open Government Sunset Review Act in accordance with s. 119.15
   30  and shall stand repealed on October 2, 2023, unless reviewed and
   31  saved from repeal through reenactment by the Legislature.
   32         Section 2. Present subsection (7) of s. 943.687, Florida
   33  Statutes, as created by SB 7026, 2018 Regular Session, is
   34  renumbered as subsection (8), and a new subsection (7) is added
   35  to that section, to read:
   36         943.687 Marjory Stoneman Douglas High School Public Safety
   37  Commission.—
   38         (7)Any portion of a meeting of the Marjory Stoneman
   39  Douglas High School Public Safety Commission at which exempt or
   40  confidential and exempt information is discussed is exempt from
   41  s. 286.011 and s. 24(b), Art. I of the State Constitution. This
   42  subsection is subject to the Open Government Sunset Review Act
   43  in accordance with s. 119.15 and shall stand repealed on October
   44  2, 2023, unless reviewed and saved from repeal through
   45  reenactment by the Legislature.
   46         Section 3. Subsection (4) is added to section 1006.12,
   47  Florida Statutes, as amended by SB 7026, 2018 Regular Session,
   48  to read:
   49         1006.12 Safe-school officers at each public school.—
   50         (4)Any information that would identify whether a
   51  particular individual has been appointed as a safe-school
   52  officer pursuant to this section held by a law enforcement
   53  agency, school district, or charter school is exempt from s.
   54  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   55  subsection is subject to the Open Government Sunset Review Act
   56  in accordance with s. 119.15 and shall stand repealed on October
   57  2, 2023, unless reviewed and saved from repeal through
   58  reenactment by the Legislature.
   59         Section 4. (1)The Legislature finds that it is a public
   60  necessity that the identity of a person reporting unsafe,
   61  potentially harmful, dangerous, violent, or criminal activities,
   62  or the threat of these activities, held by the Department of Law
   63  Enforcement, a law enforcement agency, or school officials, be
   64  made confidential and exempt from s. 119.07(1), Florida
   65  Statutes, and s. 24(a), Article I of the State Constitution if
   66  the reporting person provides his or her identity. The public
   67  records exemption for the identity of those individuals
   68  reporting potentially harmful or threatening activities as part
   69  of the School Safety Awareness Program encourages individuals to
   70  act and not be fearful that their identities will be revealed to
   71  their fellow students. Without the public records exemption,
   72  individuals reporting such activities might be less willing to
   73  report their knowledge of these possible activities to the
   74  appropriate authorities out of fear. Ensuring their identities
   75  are protected will encourage reporting, which could lead to law
   76  enforcement or other appropriate agencies intervening before an
   77  incident of mass violence occurs.
   78         (2)The Legislature also finds that it is a public
   79  necessity that any portion of a meeting of the Marjory Stoneman
   80  Douglas High School Public Safety Commission at which exempt or
   81  confidential and exempt information is discussed be made exempt
   82  from s. 286.011, Florida Statutes, and s. 24(b), Article I of
   83  the State Constitution. The purpose of the commission is to
   84  investigate failures in the Marjory Stoneman Douglas High School
   85  shooting and prior mass violence incidents in Florida and
   86  develop recommendations for system improvements. In order to
   87  fulfill its directive, the commission must be able to discuss
   88  exempt or confidential and exempt information that it receives
   89  as part of its investigation. The public meetings exemption will
   90  allow the commission to review and discuss exempt or
   91  confidential and exempt information that will be useful in
   92  forming meaningful recommendations for system improvements for
   93  prevention and response to mass violence incidents. As such, it
   94  is a necessity that those portions of meetings wherein exempt or
   95  confidential and exempt information is discussed be made exempt
   96  from public meetings requirements. If such portions of meeting
   97  are not closed, then the public records exemptions would be
   98  negated. Thus, the Legislature finds that the public meeting
   99  exemption is a public necessity in order to ensure the effective
  100  and efficient administration of the Marjory Stoneman Douglas
  101  High School Public Safety Commission.
  102         (3)The Legislature further finds that it is a public
  103  necessity that any information that would identify whether a
  104  particular individual has been appointed as a safe-school
  105  officer held by a law enforcement agency, school district, or
  106  charter school be made exempt from s. 119.07(1), Florida
  107  Statutes, and s. 24(a), Article I of the State Constitution.
  108  School security and student safety are fundamental priorities in
  109  this state. In light of the tragic events at Marjory Stoneman
  110  Douglas High School, in which 14 students and 3 adults were shot
  111  and killed on February 14, 2018, school districts in this state
  112  must be allowed to provide a supplemental security presence. To
  113  maximize the effectiveness of safe-school officers as a
  114  deterrent and responsive factor to situations threatening the
  115  lives of students and school staff, safe-school officers may
  116  perform their school-related duties while carrying a concealed
  117  weapon. Disclosure of the identity of a safe-school officer can
  118  affect his or her ability to adequately respond to an active
  119  assailant situation. Accordingly, it is necessary to protect the
  120  identity of safe-school officers from public records
  121  requirements in order to effectively and efficiently implement
  122  the purpose and intent of the program.
  123         Section 5. This act shall take effect on the same date that
  124  SB 7026 or similar legislation takes effect, if such legislation
  125  is adopted in the same legislative session or an extension
  126  thereof and becomes a law.