Florida Senate - 2023 (PROPOSED BILL) SPB 7040
FOR CONSIDERATION By the Committee on Banking and Insurance
597-02524B-23 20237040pb
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 security or firesafety system plans held by an
6 agency; removing the scheduled repeal of the
7 exemption; amending s. 281.301, F.S., which provides
8 an exemption from public records and public meetings
9 requirements for information relating to security or
10 firesafety systems for certain properties and meetings
11 relating to such systems and information; removing the
12 scheduled repeal of the exemptions; amending s.
13 286.0113, F.S., which provides an exemption from
14 public meetings requirements for portions of meetings
15 that would reveal security or firesafety system plans
16 held by an agency; removing the scheduled repeal of
17 the exemption; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (a) of subsection (3) of section
22 119.071, Florida Statutes, is amended to read:
23 119.071 General exemptions from inspection or copying of
24 public records.—
25 (3) SECURITY AND FIRESAFETY.—
26 (a)1. As used in this paragraph, the term “security or
27 firesafety system plan” includes all:
28 a. Records, information, photographs, audio and visual
29 presentations, schematic diagrams, surveys, recommendations, or
30 consultations or portions thereof relating directly to the
31 physical security or firesafety of the facility or revealing
32 security or firesafety systems;
33 b. Threat assessments conducted by any agency or any
34 private entity;
35 c. Threat response plans;
36 d. Emergency evacuation plans;
37 e. Sheltering arrangements; or
38 f. Manuals for security or firesafety personnel, emergency
39 equipment, or security or firesafety training.
40 2. A security or firesafety system plan or portion thereof
41 for:
42 a. Any property owned by or leased to the state or any of
43 its political subdivisions; or
44 b. Any privately owned or leased property
45
46 held by an agency is confidential and exempt from s. 119.07(1)
47 and s. 24(a), Art. I of the State Constitution. This exemption
48 is remedial in nature, and it is the intent of the Legislature
49 that this exemption apply to security or firesafety system plans
50 held by an agency before, on, or after the effective date of
51 this paragraph. This paragraph is subject to the Open Government
52 Sunset Review Act in accordance with s. 119.15 and shall stand
53 repealed on October 2, 2023, unless reviewed and saved from
54 repeal through reenactment by the Legislature.
55 3. Information made confidential and exempt by this
56 paragraph may be disclosed:
57 a. To the property owner or leaseholder;
58 b. In furtherance of the official duties and
59 responsibilities of the agency holding the information;
60 c. To another local, state, or federal agency in
61 furtherance of that agency’s official duties and
62 responsibilities; or
63 d. Upon a showing of good cause before a court of competent
64 jurisdiction.
65 Section 2. Subsection (1) of section 281.301, Florida
66 Statutes, is amended to read:
67 281.301 Security and firesafety systems; records and
68 meetings exempt from public access or disclosure.—
69 (1) Information relating to the security or firesafety
70 systems for any property owned by or leased to the state or any
71 of its political subdivisions, and information relating to the
72 security or firesafety systems for any privately owned or leased
73 property which is in the possession of any agency as defined in
74 s. 119.011(2), including all records, information, photographs,
75 audio and visual presentations, schematic diagrams, surveys,
76 recommendations, or consultations or portions thereof relating
77 directly to or revealing such systems or information is
78 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
79 of the State Constitution, and any portion of a meeting relating
80 directly to or that would reveal such systems or information is
81 exempt from s. 286.011 and s. 24(b), Art. I of the State
82 Constitution, and other laws and rules requiring public access
83 or disclosure. This subsection is subject to the Open Government
84 Sunset Review Act in accordance with s. 119.15 and shall stand
85 repealed on October 2, 2023, unless reviewed and saved from
86 repeal through reenactment by the Legislature.
87 Section 3. Subsection (1) of section 286.0113, Florida
88 Statutes, is amended to read:
89 286.0113 General exemptions from public meetings.—
90 (1) That portion of a meeting that would reveal a security
91 or firesafety system plan or portion thereof made confidential
92 and exempt by s. 119.071(3)(a) is exempt from s. 286.011 and s.
93 24(b), Art. I of the State Constitution. This subsection is
94 subject to the Open Government Sunset Review Act in accordance
95 with s. 119.15 and shall stand repealed on October 2, 2023,
96 unless reviewed and saved from repeal through reenactment by the
97 Legislature.
98 Section 4. This act shall take effect October 1, 2023.