Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 1616 Ì306640}Î306640 LEGISLATIVE ACTION Senate . House Comm: RS . 04/11/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Martin) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (10) is added to section 943.68, 6 Florida Statutes, and subsections (1), (5), and (6) of that 7 section are republished, to read: 8 943.68 Transportation and protective services.— 9 (1) The department shall provide and maintain the security 10 of the Governor, the Governor’s immediate family, and the 11 Governor’s office and mansion and the grounds thereof. 12 (5) The department is authorized to provide security or 13 transportation to visiting governors and their families upon 14 request by the Governor. 15 (6) The department shall provide security or transportation 16 services to other persons when requested by the Governor, the 17 Lieutenant Governor, a member of the Cabinet, the Speaker of the 18 House of Representatives, the President of the Senate, or the 19 Chief Justice of the Supreme Court, subject to certification by 20 the requesting party that such services are in the best interest 21 of the state. The requesting party may delegate certification 22 authority to the executive director of the department. The 23 requesting party shall limit such services to persons: 24 (a) Who are visiting the state; for whom such services are 25 requested by the Governor, the Lieutenant Governor, a member of 26 the Cabinet, the Speaker of the House of Representatives, the 27 President of the Senate, or the Chief Justice of the Supreme 28 Court; and for whom the primary purpose of the visit is for a 29 significant public purpose; or 30 (b) For whom the failure to provide security or 31 transportation could result in a clear and present danger to the 32 personal safety of such persons or to the safety of other 33 persons or property within this state or could result in public 34 embarrassment to the state. 35 (10)(a) Records held by a law enforcement agency relating 36 to security or transportation services provided under subsection 37 (1), subsection (5), or subsection (6) are exempt from s. 38 119.07(1) and s. 24(a), Art. I of the State Constitution. This 39 exemption applies to records held by a law enforcement agency 40 before, on, or after the effective date of this act. 41 (b) This subsection is subject to the Open Government 42 Sunset Review Act in accordance with s. 119.15 and shall stand 43 repealed on October 2, 2028, unless reviewed and saved from 44 repeal through reenactment by the Legislature. 45 Section 2. The Legislature finds that it is a public 46 necessity that records held by a law enforcement agency relating 47 to security or transportation services provided under s. 48 943.68(1), (5), or (6), Florida Statutes, be made exempt from s. 49 119.07(1), Florida Statutes, and s. 24(a), Article I of the 50 State Constitution. Information obtained by a law enforcement 51 agency authorized by law to provide security or transportation 52 services to persons, including the Governor, the Governor’s 53 immediate family, visiting governors and their families, the 54 Lieutenant Governor, a member of the Cabinet, the Speaker of the 55 House of Representatives, the President of the Senate, or the 56 Chief Justice of the Supreme Court, or for persons for whom such 57 services are requested by the Governor, the Lieutenant Governor, 58 a member of the Cabinet, the Speaker of the House of 59 Representatives, the President of the Senate, or the Chief 60 Justice of the Supreme Court, the disclosure of which could 61 endanger the protected person, should not be disclosed to the 62 public. The disclosure of such records, including security, 63 operational, and logistical plans; risk, vulnerability, and 64 threat assessments; travel information relating to the protected 65 person and law enforcement agents and personnel providing the 66 security or transportation services; and identifying information 67 of sworn and nonsworn personnel engaged in a security or 68 transportation services operation or detail could reveal the 69 means and methods of providing the required security or 70 transportation services and could impair the ability of the law 71 enforcement agency to ensure the safety and security of the 72 protected person. The disclosure of such records could also 73 endanger the law enforcement agents and personnel providing the 74 security or transportation services. The Legislature finds that 75 the safety and security of persons authorized protection under 76 s. 943.68(1), (5), or (6), Florida Statutes, as well as the 77 safety and security of law enforcement agents and personnel 78 providing the security or transportation services, outweigh any 79 public benefit that may be derived from the disclosure of such 80 records. Therefore, it is a public necessity that records held 81 by a law enforcement agency relating to security or 82 transportation services provided under s. 943.68(1), (5), or 83 (6), Florida Statutes, be made exempt from public records 84 requirements. 85 Section 3. The Division of Law Revision is directed to 86 replace the phrase “the effective date of this act” wherever it 87 occurs in this act with the date this act becomes a law. 88 Section 4. This act shall take effect upon becoming a law. 89 90 ================= T I T L E A M E N D M E N T ================ 91 And the title is amended as follows: 92 Delete everything before the enacting clause 93 and insert: 94 A bill to be entitled 95 An act relating to public records; amending s. 943.68, 96 F.S.; providing an exemption from public records 97 requirements for records held by a law enforcement 98 agency relating to certain security or transportation 99 services; providing for retroactive application; 100 providing for legislative review and repeal of the 101 exemption; providing a statement of public necessity; 102 providing a directive to the Division of Law Revision; 103 providing an effective date.