Bill Amendment: FL S1224 | 2017 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Public Records and Public Meetings/Campus Emergency Response for Public Postsecondary Institutions

Status: 2017-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 1079 (Ch. 2017-184) [S1224 Detail]

Download: Florida-2017-S1224-Senate_Committee_Amendment_322686.html

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       Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1224
       
       
       
       
       
       
                                Ì322686FÎ322686                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Military and Veterans Affairs, Space, and
       Domestic Security (Passidomo) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 1004.0962, Florida Statutes, is created
    6  to read:
    7         1004.0962 Campus emergency response of a public
    8  postsecondary educational institution; public records exemption;
    9  public meetings exemption.—
   10         (1) As used in this section, the term “campus emergency
   11  response” means a public postsecondary education institution’s
   12  response to or plan for responding to an act of terrorism, as
   13  defined by s. 775.30, or other public safety crisis or
   14  emergency, and includes information relating to:
   15         (a) Records, information, photographs, audio and visual
   16  presentations, schematic diagrams, surveys, recommendations, or
   17  consultations or portions thereof.
   18         (b) Threat assessments conducted by any agency or private
   19  entity.
   20         (c) Threat response plans.
   21         (d) Emergency evacuation plans.
   22         (e) Sheltering arrangements.
   23         (f) Manuals for security personnel, emergency equipment, or
   24  security training.
   25         (g) Security systems or plans.
   26         (h) Vulnerability analyses.
   27         (i) Postdisaster activities, including provisions for
   28  emergency power, communications, food, and water.
   29         (j) Postdisaster transportation.
   30         (k) Supplies, including drug caches.
   31         (l) Staffing.
   32         (m) Emergency equipment.
   33         (n) Individual identification of students, faculty, and
   34  staff; the transfer of records; and methods of responding to
   35  family inquiries.
   36         (2)(a) Any portion of a campus emergency response held by a
   37  public postsecondary institution is exempt from s. 119.07(1) and
   38  s. 24(a), Art. I of the State Constitution.
   39         (b) Any portion of a campus emergency response held by a
   40  state or local law enforcement agency, a county or municipal
   41  emergency management agency, the Executive Office of the
   42  Governor, the Department of Education, the Board of Governors of
   43  the State University System, or the Division of Emergency
   44  Management is exempt from s. 119.07(1) and s. 24(a), Art. I of
   45  the State Constitution.
   46         (3) The public records exemptions provided by this section
   47  are remedial in nature, and it is the intent of the Legislature
   48  that the exemptions apply to plans held by a custodial agency
   49  before, on, or after the effective date of this section.
   50         (4) That portion of a public meeting which would reveal
   51  information related to a campus emergency response is exempt
   52  from s. 286.011 and s. 24(b), Art. I of the State Constitution.
   53         (5) This section is subject to the Open Government Sunset
   54  Review Act in accordance with s. 119.15 and shall stand repealed
   55  on October 2, 2022, unless reviewed and saved from repeal
   56  through reenactment by the Legislature.
   57         Section 2. The Legislature finds that it is a public
   58  necessity that those portions of a campus emergency response
   59  held by a public postsecondary educational institution which
   60  address the response of a public postsecondary educational
   61  institution to an act of terrorism and those portions of a
   62  campus emergency response of a public postsecondary institution
   63  which are filed or shared with a state or local law enforcement
   64  agency, a county or municipal emergency management agency, the
   65  Executive Office of the Governor, the Department of Education,
   66  the Board of Governors of the State University System, or the
   67  Division of Emergency Management be made exempt from s.
   68  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   69  State Constitution. It is also the finding of the Legislature
   70  that any portion of a public meeting which would reveal
   71  information related to a campus emergency response be made
   72  exempt from s. 286.011, Florida Statutes, and s. 24(b), Article
   73  I of the State Constitution. A campus emergency response affects
   74  the health and safety of the students, faculty, staff, and the
   75  public at large. If campus emergency responses were made
   76  publicly available for inspection or copying, they could be used
   77  to hamper or disable the response of a public postsecondary
   78  educational institution to an act of terrorism, or other public
   79  safety crisis or emergency. If a public postsecondary
   80  educational institution’s response to these events were hampered
   81  or disabled, an increase in the number of Floridians subjected
   82  to fatal injury would occur. There is ample existing evidence of
   83  the capabilities of terrorists and other criminals to plot,
   84  plan, and coordinate complicated acts of terror and violence on
   85  university and college campuses all over the country. The
   86  aftermath of these events has also showed the importance of
   87  viable plans by which public postsecondary educational
   88  institutions can respond to terrorist attacks and other public
   89  safety crises or emergencies.
   90         Section 3. This act shall take effect July 1, 2017.
   91  
   92  ================= T I T L E  A M E N D M E N T ================
   93  And the title is amended as follows:
   94         Delete everything before the enacting clause
   95  and insert:
   96                        A bill to be entitled                      
   97         An act relating to public records and public meetings;
   98         creating s. 1004.0962, F.S.; defining the term “campus
   99         emergency response”; providing an exemption from
  100         public records requirements for those portions of a
  101         campus emergency response which address the response
  102         of a public postsecondary educational institution to
  103         an act of terrorism or other public safety crisis or
  104         emergency; providing for retroactive application;
  105         providing an exemption from public meeting
  106         requirements for any portion of a public meeting which
  107         would reveal those portions of a campus emergency
  108         response which address the response of a public
  109         postsecondary educational institution to an act of
  110         terrorism or other public safety crisis or emergency;
  111         providing for future legislative review and repeal of
  112         the exemptions; providing a statement of public
  113         necessity; providing an effective date.