Bill Text: FL S7040 | 2023 | Regular Session | Comm Sub

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Bill Title: OGSR/Security or Firesafety System Plans

Spectrum: Committee Bill

Status: (Introduced - Dead) 2023-05-03 - Laid on Table, companion bill(s) passed, see HB 7007 (Ch. 2023-75) [S7040 Detail]

Download: Florida-2023-S7040-Comm_Sub.html

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       Florida Senate - 2023                             CS for SB 7040
       
       
        
       By the Committees on Rules; and Banking and Insurance
       
       
       
       
       
       595-04041-23                                          20237040c1
    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 certain security or firesafety system plans;
    6         revising legislative intent; removing the scheduled
    7         repeal of the exemption; repealing s. 281.301, F.S.,
    8         relating to security and firesafety systems; amending
    9         s. 286.0113, F.S., which provides an exemption from
   10         public meeting requirements for the portion of a
   11         meeting that would reveal a security or firesafety
   12         system plan or portion thereof; removing the scheduled
   13         repeal of the exemption; amending s. 1006.1493, F.S.;
   14         conforming a provision to changes made by the act;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (a) of subsection (3) of section
   20  119.071, Florida Statutes, is amended to read:
   21         119.071 General exemptions from inspection or copying of
   22  public records.—
   23         (3) SECURITY AND FIRESAFETY.—
   24         (a)1. As used in this paragraph, the term “security or
   25  firesafety system plan” includes all:
   26         a. Records, information, photographs, audio and visual
   27  presentations, schematic diagrams, surveys, recommendations, or
   28  consultations or portions thereof relating directly to the
   29  physical security or firesafety of the facility or revealing
   30  security or firesafety systems;
   31         b. Threat assessments conducted by any agency or any
   32  private entity;
   33         c. Threat response plans;
   34         d. Emergency evacuation plans;
   35         e. Sheltering arrangements; or
   36         f. Manuals for security or firesafety personnel, emergency
   37  equipment, or security or firesafety training.
   38         2. A security or firesafety system plan or portion thereof
   39  for:
   40         a. Any property owned by or leased to the state or any of
   41  its political subdivisions; or
   42         b. Any privately owned or leased property
   43  
   44  held by an agency is confidential and exempt from s. 119.07(1)
   45  and s. 24(a), Art. I of the State Constitution. This exemption
   46  is remedial in nature, and it is the intent of the Legislature
   47  that this exemption apply to security or firesafety system plans
   48  held by an agency before, on, or after April 6, 2018 the
   49  effective date of this paragraph. This paragraph is subject to
   50  the Open Government Sunset Review Act in accordance with s.
   51  119.15 and shall stand repealed on October 2, 2023, unless
   52  reviewed and saved from repeal through reenactment by the
   53  Legislature.
   54         3. Information made confidential and exempt by this
   55  paragraph may be disclosed:
   56         a. To the property owner or leaseholder;
   57         b. In furtherance of the official duties and
   58  responsibilities of the agency holding the information;
   59         c. To another local, state, or federal agency in
   60  furtherance of that agency’s official duties and
   61  responsibilities; or
   62         d. Upon a showing of good cause before a court of competent
   63  jurisdiction.
   64         Section 2. Section 281.301, Florida Statutes, is repealed.
   65         Section 3. Subsection (1) of section 286.0113, Florida
   66  Statutes, is amended to read:
   67         286.0113 General exemptions from public meetings.—
   68         (1) That portion of a meeting that would reveal a security
   69  or firesafety system plan or portion thereof made confidential
   70  and exempt by s. 119.071(3)(a) is exempt from s. 286.011 and s.
   71  24(b), Art. I of the State Constitution. This subsection is
   72  subject to the Open Government Sunset Review Act in accordance
   73  with s. 119.15 and shall stand repealed on October 2, 2023,
   74  unless reviewed and saved from repeal through reenactment by the
   75  Legislature.
   76         Section 4. Subsection (5) of section 1006.1493, Florida
   77  Statutes, is amended to read:
   78         1006.1493 Florida Safe Schools Assessment Tool.—
   79         (5) In accordance with s. 119.071(3)(a) ss. 119.071(3)(a)
   80  and 281.301, data and information related to security risk
   81  assessments administered pursuant to this section and s.
   82  1006.07(6) and the security information contained in the annual
   83  report required pursuant to subsection (4) are confidential and
   84  exempt from public records requirements.
   85         Section 5. This act shall take effect October 1, 2023.