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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2016                                    SB 1004
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00855A-16                                          20161004__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; expanding the items in a security
    4         system plan to include certain video or audio
    5         recordings; providing an exemption from public records
    6         requirements for video and audio recordings from a
    7         security system camera for properties owned or leased
    8         by, or in the possession of, certain entities;
    9         providing criteria for disclosure of such confidential
   10         and exempt information; providing for future
   11         legislative review and repeal of the exemption under
   12         the Open Government Sunset Review Act; repealing s.
   13         281.301, F.S., relating to security systems and
   14         records and meetings exempt from public access or
   15         disclosure; providing legislative findings and a
   16         statement of public necessity; providing an effective
   17         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, and paragraph (d) is
   23  added to that subsection, to read:
   24         119.071 General exemptions from inspection or copying of
   25  public records.—
   26         (3) SECURITY.—
   27         (a)1. As used in this paragraph, the term “security system
   28  plan” includes all:
   29         a. Records, information, photographs, audio and visual
   30  presentations, schematic diagrams, surveys, recommendations,
   31  video or audio recordings from a security system camera, or
   32  consultations or portions thereof relating directly to the
   33  physical security of the facility or revealing security systems;
   34         b. Threat assessments conducted by any agency or any
   35  private entity;
   36         c. Threat response plans;
   37         d. Emergency evacuation plans;
   38         e. Sheltering arrangements; or
   39         f. Manuals for security personnel, emergency equipment, or
   40  security training.
   41         2. A security system plan or portion thereof 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 system plans held by an
   50  agency before, on, or after the effective date of this
   51  paragraph.
   52         3. Information made confidential and exempt by this
   53  paragraph may be disclosed by the custodian of public records
   54  to:
   55         a. To the property owner or leaseholder; or
   56         b. To another state or federal agency to prevent, detect,
   57  guard against, respond to, investigate, or manage the
   58  consequences of any attempted or actual act of terrorism or
   59  criminal act, or to prosecute those persons who are responsible
   60  for such attempts or acts;
   61         c. In furtherance of an agency’s official duties and
   62  responsibilities;
   63         d. To another governmental agency in the furtherance of its
   64  official duties and responsibilities; or
   65         e. Upon a showing of good cause before a court of competent
   66  jurisdiction.
   67         (d)1. Video or audio recordings from a security system
   68  camera for any property owned by or leased to the state or any
   69  of its political subdivisions, and for any privately owned or
   70  leased property which is in the possession of any agency as
   71  defined in s. 119.011(2), are confidential and exempt from s.
   72  119.07(1) and s. 24(a), Art. I of the State Constitution. It is
   73  the intent of the Legislature that this exemption apply to video
   74  and audio recordings held by an agency before, on, or after the
   75  effective date of this paragraph.
   76         2. Information made confidential and exempt by this
   77  paragraph may be disclosed:
   78         a. To the property owner or leaseholder;
   79         b. To another state or federal agency to prevent, detect,
   80  guard against, respond to, investigate, or manage the
   81  consequences of any attempted or actual act of terrorism or
   82  criminal act, or to prosecute those persons who are responsible
   83  for such attempts or acts;
   84         c. In furtherance of an agency’s official duties and
   85  responsibilities;
   86         d. To another governmental entity if disclosure is
   87  necessary for the receiving entity to perform its duties and
   88  responsibilities; or
   89         e. Upon a showing of good cause before a court of competent
   90  jurisdiction.
   91         3. This paragraph is subject to the Open Government Sunset
   92  Review Act in accordance with s. 119.15 and shall stand repealed
   93  on October 2, 2021, unless reviewed and saved from repeal
   94  through reenactment by the Legislature.
   95         Section 2. Section 281.301, Florida Statutes, is repealed.
   96         Section 3. (1) The Legislature finds that it is a public
   97  necessity that the video and audio recordings from a security
   98  system camera be made confidential and exempt from s. 119.07(1),
   99  Florida Statutes, and s. 24(a), Art. I of the State
  100  Constitution.
  101         (2) The Legislature recognizes that sensitive information
  102  is captured on a security system camera; however, government
  103  entities must be able to review and release the video and audio
  104  captured on these cameras in order to ensure public safety and
  105  in furtherance of statutory duties.
  106         (3) The Legislature finds that video and audio recorded by
  107  a security system camera should be disclosed to another state or
  108  federal agency to prevent, detect, guard against, respond to,
  109  investigate, or manage the consequences of any attempted or
  110  actual act of terrorism or criminal act, or to prosecute those
  111  persons who are responsible for such attempts or acts.
  112         (4) The Legislature also finds that, in certain instances,
  113  video and audio recorded by a security system camera may be
  114  disclosed to the public. In these instances, the court, upon a
  115  showing of good cause, may issue an order authorizing any person
  116  to view or copy video and audio from a security system camera
  117  and may prescribe any restrictions or stipulations that the
  118  court deems appropriate. In determining good cause, the court
  119  shall consider whether such disclosure is necessary for the
  120  public evaluation of governmental performance.
  121         Section 4. This act shall take effect upon becoming a law.