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.