Florida Senate - 2023 CS for SB 7040
By the Committees on Rules; and Banking and Insurance
595-04041-23 20237040c1
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 119.071, F.S., which
4 provides an exemption from public records requirements
5 for certain security or firesafety system plans;
6 revising legislative intent; removing the scheduled
7 repeal of the exemption; repealing s. 281.301, F.S.,
8 relating to security and firesafety systems; amending
9 s. 286.0113, F.S., which provides an exemption from
10 public meeting requirements for the portion of a
11 meeting that would reveal a security or firesafety
12 system plan or portion thereof; removing the scheduled
13 repeal of the exemption; amending s. 1006.1493, F.S.;
14 conforming a provision to changes made by the act;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (a) of subsection (3) of section
20 119.071, Florida Statutes, is amended to read:
21 119.071 General exemptions from inspection or copying of
22 public records.—
23 (3) SECURITY AND FIRESAFETY.—
24 (a)1. As used in this paragraph, the term “security or
25 firesafety system plan” includes all:
26 a. Records, information, photographs, audio and visual
27 presentations, schematic diagrams, surveys, recommendations, or
28 consultations or portions thereof relating directly to the
29 physical security or firesafety of the facility or revealing
30 security or firesafety systems;
31 b. Threat assessments conducted by any agency or any
32 private entity;
33 c. Threat response plans;
34 d. Emergency evacuation plans;
35 e. Sheltering arrangements; or
36 f. Manuals for security or firesafety personnel, emergency
37 equipment, or security or firesafety training.
38 2. A security or firesafety system plan or portion thereof
39 for:
40 a. Any property owned by or leased to the state or any of
41 its political subdivisions; or
42 b. Any privately owned or leased property
43
44 held by an agency is confidential and exempt from s. 119.07(1)
45 and s. 24(a), Art. I of the State Constitution. This exemption
46 is remedial in nature, and it is the intent of the Legislature
47 that this exemption apply to security or firesafety system plans
48 held by an agency before, on, or after April 6, 2018 the
49 effective date of this paragraph. This paragraph is subject to
50 the Open Government Sunset Review Act in accordance with s.
51 119.15 and shall stand repealed on October 2, 2023, unless
52 reviewed and saved from repeal through reenactment by the
53 Legislature.
54 3. Information made confidential and exempt by this
55 paragraph may be disclosed:
56 a. To the property owner or leaseholder;
57 b. In furtherance of the official duties and
58 responsibilities of the agency holding the information;
59 c. To another local, state, or federal agency in
60 furtherance of that agency’s official duties and
61 responsibilities; or
62 d. Upon a showing of good cause before a court of competent
63 jurisdiction.
64 Section 2. Section 281.301, Florida Statutes, is repealed.
65 Section 3. Subsection (1) of section 286.0113, Florida
66 Statutes, is amended to read:
67 286.0113 General exemptions from public meetings.—
68 (1) That portion of a meeting that would reveal a security
69 or firesafety system plan or portion thereof made confidential
70 and exempt by s. 119.071(3)(a) is exempt from s. 286.011 and s.
71 24(b), Art. I of the State Constitution. This subsection is
72 subject to the Open Government Sunset Review Act in accordance
73 with s. 119.15 and shall stand repealed on October 2, 2023,
74 unless reviewed and saved from repeal through reenactment by the
75 Legislature.
76 Section 4. Subsection (5) of section 1006.1493, Florida
77 Statutes, is amended to read:
78 1006.1493 Florida Safe Schools Assessment Tool.—
79 (5) In accordance with s. 119.071(3)(a) ss. 119.071(3)(a)
80 and 281.301, data and information related to security risk
81 assessments administered pursuant to this section and s.
82 1006.07(6) and the security information contained in the annual
83 report required pursuant to subsection (4) are confidential and
84 exempt from public records requirements.
85 Section 5. This act shall take effect October 1, 2023.