Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 1616 Ì616440zÎ616440 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/11/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Martin) recommended the following: 1 Senate Substitute for Amendment (306640) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Subsection (10) is added to section 943.68, 7 Florida Statutes, and subsections (1), (5), and (6) of that 8 section are republished, to read: 9 943.68 Transportation and protective services.— 10 (1) The department shall provide and maintain the security 11 of the Governor, the Governor’s immediate family, and the 12 Governor’s office and mansion and the grounds thereof. 13 (5) The department is authorized to provide security or 14 transportation to visiting governors and their families upon 15 request by the Governor. 16 (6) The department shall provide security or transportation 17 services to other persons when requested by the Governor, the 18 Lieutenant Governor, a member of the Cabinet, the Speaker of the 19 House of Representatives, the President of the Senate, or the 20 Chief Justice of the Supreme Court, subject to certification by 21 the requesting party that such services are in the best interest 22 of the state. The requesting party may delegate certification 23 authority to the executive director of the department. The 24 requesting party shall limit such services to persons: 25 (a) Who are visiting the state; for whom such services are 26 requested by the Governor, the Lieutenant Governor, a member of 27 the Cabinet, the Speaker of the House of Representatives, the 28 President of the Senate, or the Chief Justice of the Supreme 29 Court; and for whom the primary purpose of the visit is for a 30 significant public purpose; or 31 (b) For whom the failure to provide security or 32 transportation could result in a clear and present danger to the 33 personal safety of such persons or to the safety of other 34 persons or property within this state or could result in public 35 embarrassment to the state. 36 (10)(a) Records held by a law enforcement agency relating 37 to security or transportation services provided under subsection 38 (1), subsection (5), or subsection (6) are exempt from s. 39 119.07(1) and s. 24(a), Art. I of the State Constitution. This 40 exemption applies to records held by a law enforcement agency 41 before, on, or after the effective date of this act. 42 (b) This subsection is subject to the Open Government 43 Sunset Review Act in accordance with s. 119.15 and shall stand 44 repealed on October 2, 2028, unless reviewed and saved from 45 repeal through reenactment by the Legislature. 46 Section 2. The Legislature finds that it is a public 47 necessity that records held by a law enforcement agency relating 48 to security or transportation services provided under s. 49 943.68(1), (5), or (6), Florida Statutes, be made exempt from s. 50 119.07(1), Florida Statutes, and s. 24(a), Article I of the 51 State Constitution. Information obtained by a law enforcement 52 agency authorized by law to provide security or transportation 53 services to persons, including the Governor, the Governor’s 54 immediate family, visiting governors and their families, the 55 Lieutenant Governor, a member of the Cabinet, the Speaker of the 56 House of Representatives, the President of the Senate, or the 57 Chief Justice of the Supreme Court, or for persons for whom such 58 services are requested by the Governor, the Lieutenant Governor, 59 a member of the Cabinet, the Speaker of the House of 60 Representatives, the President of the Senate, or the Chief 61 Justice of the Supreme Court, the disclosure of which could 62 endanger the protected person, should not be disclosed to the 63 public. The disclosure of such records, including security, 64 operational, and logistical plans; mansion security, facility 65 operations, access, screenings, and clearances; personal 66 information unrelated to official duties of the protected 67 individuals; risk, vulnerability, and threat assessments; travel 68 information relating to the protected person and law enforcement 69 agents and personnel providing the security or transportation 70 services; and identifying information of sworn and nonsworn 71 personnel engaged in a security or transportation services 72 operation or detail could reveal the means and methods of 73 providing the required security or transportation services and 74 could impair the ability of the law enforcement agency to ensure 75 the safety and security of the protected person. The disclosure 76 of such records could also endanger the law enforcement agents 77 and personnel providing the security or transportation services. 78 The Legislature finds that the safety and security of persons 79 authorized protection under s. 943.68(1), (5), or (6), Florida 80 Statutes, as well as the safety and security of law enforcement 81 agents and personnel providing the security or transportation 82 services, outweigh any public benefit that may be derived from 83 the disclosure of such records. Therefore, it is a public 84 necessity that records held by a law enforcement agency relating 85 to security or transportation services provided under s. 86 943.68(1), (5), or (6), Florida Statutes, be made exempt from 87 public records requirements. 88 Section 3. The Division of Law Revision is directed to 89 replace the phrase “the effective date of this act” wherever it 90 occurs in this act with the date this act becomes a law. 91 Section 4. This act shall take effect upon becoming a law. 92 93 ================= T I T L E A M E N D M E N T ================ 94 And the title is amended as follows: 95 Delete everything before the enacting clause 96 and insert: 97 A bill to be entitled 98 An act relating to public records; amending s. 943.68, 99 F.S.; providing an exemption from public records 100 requirements for records held by a law enforcement 101 agency relating to certain security or transportation 102 services; providing for retroactive application; 103 providing for legislative review and repeal of the 104 exemption; providing a statement of public necessity; 105 providing a directive to the Division of Law Revision; 106 providing an effective date.