Bill Text: FL S1004 | 2016 | Regular Session | Enrolled

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Bill Title: Public Records/Security System Plans

Spectrum: Bipartisan Bill

Status: (Passed) 2016-04-01 - Chapter No. 2016-178 [S1004 Detail]

Download: Florida-2016-S1004-Enrolled.html

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       ENROLLED
       2016 Legislature                                  CS for SB 1004
       
       
       
       
       
       
                                                             20161004er
    1  
    2         An act relating to security system plans; amending s.
    3         119.071, F.S.; revising exceptions to a public records
    4         exemption; amending s. 281.301, F.S.; providing
    5         exceptions to a public records exemption; providing an
    6         effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (a) of subsection (3) of section
   11  119.071, Florida Statutes, is amended to read:
   12         119.071 General exemptions from inspection or copying of
   13  public records.—
   14         (3) SECURITY.—
   15         (a)1. As used in this paragraph, the term “security system
   16  plan” includes all:
   17         a. Records, information, photographs, audio and visual
   18  presentations, schematic diagrams, surveys, recommendations, or
   19  consultations or portions thereof relating directly to the
   20  physical security of the facility or revealing security systems;
   21         b. Threat assessments conducted by any agency or any
   22  private entity;
   23         c. Threat response plans;
   24         d. Emergency evacuation plans;
   25         e. Sheltering arrangements; or
   26         f. Manuals for security personnel, emergency equipment, or
   27  security training.
   28         2. A security system plan or portion thereof for:
   29         a. Any property owned by or leased to the state or any of
   30  its political subdivisions; or
   31         b. Any privately owned or leased property
   32  
   33  held by an agency is confidential and exempt from s. 119.07(1)
   34  and s. 24(a), Art. I of the State Constitution. This exemption
   35  is remedial in nature, and it is the intent of the Legislature
   36  that this exemption apply to security system plans held by an
   37  agency before, on, or after the effective date of this
   38  paragraph.
   39         3. Information made confidential and exempt by this
   40  paragraph may be disclosed by the custodian of public records
   41  to:
   42         a. To the property owner or leaseholder; or
   43         b. In furtherance of the official duties and
   44  responsibilities of the agency holding the information; Another
   45  state or federal agency to prevent, detect, guard against,
   46  respond to, investigate, or manage the consequences of any
   47  attempted or actual act of terrorism, or to prosecute those
   48  persons who are responsible for such attempts or acts
   49         c. To another local, state, or federal agency in
   50  furtherance of that agency’s official duties and
   51  responsibilities; or
   52         d. Upon a showing of good cause before a court of competent
   53  jurisdiction.
   54         Section 2. Section 281.301, Florida Statutes, is amended,
   55  to read:
   56         281.301 Security systems; records and meetings exempt from
   57  public access or disclosure.—
   58         (1) Information relating to the security systems for any
   59  property owned by or leased to the state or any of its political
   60  subdivisions, and information relating to the security systems
   61  for any privately owned or leased property which is in the
   62  possession of any agency as defined in s. 119.011(2), including
   63  all records, information, photographs, audio and visual
   64  presentations, schematic diagrams, surveys, recommendations, or
   65  consultations or portions thereof relating directly to or
   66  revealing such systems or information, and all meetings relating
   67  directly to or that would reveal such systems or information are
   68  confidential and exempt from ss. 119.07(1) and 286.011 and other
   69  laws and rules requiring public access or disclosure.
   70         (2) Information made confidential and exempt by this
   71  section may be disclosed:
   72         (a) To the property owner or leaseholder;
   73         (b) In furtherance of the official duties and
   74  responsibilities of the agency holding the information;
   75         (c) To another local, state, or federal agency in
   76  furtherance of that agency’s official duties and
   77  responsibilities; or
   78         (d) Upon a showing of good cause before a court of
   79  competent jurisdiction.
   80         Section 3. This act shall take effect upon becoming a law.