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2023 Florida Statutes (including 2023C)

Title XLVIII EARLY LEARNING-20 EDUCATION CODE
Chapter 1004 PUBLIC POSTSECONDARY EDUCATION Entire Chapter
SECTION 0962
Campus emergency response of a public postsecondary educational institution; public records exemption; public meetings exemption.
F.S. 1004.0962
1004.0962 Campus emergency response of a public postsecondary educational institution; public records exemption; public meetings exemption.—
(1) As used in this section, the term “campus emergency response” means a public postsecondary educational institution’s response to or plan for responding to an act of terrorism, as defined by s. 775.30, or other public safety crisis or emergency, and includes information relating to:
(a) Records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof.
(b) Threat assessments conducted by any agency or private entity.
(c) Threat response plans.
(d) Emergency evacuation plans.
(e) Sheltering arrangements.
(f) Manuals for security personnel, emergency equipment, or security training.
(g) Security systems or plans.
(h) Vulnerability analyses.
(i) Postdisaster activities, including provisions for emergency power, communications, food, and water.
(j) Postdisaster transportation.
(k) Supplies, including drug caches.
(l) Identification of staff involved in emergency preparedness, response, and recovery activities.
(m) Emergency equipment.
(n) Individual identification of affected or at-risk students, faculty, and staff before, during, or after an emergency; the transfer of records concerning affected or at-risk students, faculty, and staff; and methods of responding to family inquiries.
(2)(a) Any portion of a campus emergency response held by a public postsecondary educational institution is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(b) Any portion of a campus emergency response held by a state or local law enforcement agency, a county or municipal emergency management agency, the Executive Office of the Governor, the Department of Education, the Board of Governors of the State University System, or the Division of Emergency Management is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3) The public records exemptions provided by this section are remedial in nature, and it is the intent of the Legislature that the exemptions apply to campus emergency responses held by a custodial agency before, on, or after the effective date of this section.
(4) Information made exempt by this section may be disclosed:
(a) To another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; or
(b) Upon a showing of good cause before a court of competent jurisdiction.
(5) That portion of a public meeting which would reveal information related to a campus emergency response is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
(6) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 1, ch. 2017-184; s. 1, ch. 2022-133.