HOUSE AMENDMENT
Bill No. HB 123-B
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Committee on Security, Select offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Information concerning the type or amount
18 of pharmaceutical materials or the location of any
19 pharmaceutical depository maintained or directed by a state
20 agency as a response to an act of terrorism, as defined by s.
21 775.30, Florida Statutes, is exempt from the requirements of
22 s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the
23 State Constitution. The certification of the sufficiency of
24 the type or amount of such pharmaceutical materials or the
25 security of the location of such pharmaceutical depository is
26 a public record. This section is subject to the Open
27 Government Sunset Review Act of 1995, in accordance with s.
28 119.15, Florida Statutes, and shall stand repealed on October
29 2, 2006, unless reviewed and saved from repeal through
30 reenactment by the Legislature.
31 Section 2. The Legislature finds that the exemption
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HOUSE AMENDMENT
Bill No. HB 123-B
Amendment No. 01 (for drafter's use only)
1 from public records requirements provided by this act is a
2 public necessity because information concerning the type or
3 amount of pharmaceutical materials or the location of any
4 pharmaceutical depository that is maintained or directed by a
5 state agency as a response to an act of terrorism is
6 information that could be used by terrorists in planning acts
7 of terrorism. If terrorists were able to determine what types
8 of pharmaceutical materials are stored or maintained for
9 response to terrorism, or the amount of pharmaceutical
10 materials stored, they could use this information to craft a
11 terrorist act to which the state may not be as well prepared
12 to respond. This information could be used to increase the
13 number of people injured or killed in a terrorist act.
14 Although some skill would be required to use such information
15 to further an act of terrorism, ample evidence of the
16 capabilities of terrorists to conduct complicated acts of
17 terrorism exists. The September 11, 2001, attack on the World
18 Trade Center and the Pentagon, as well as the intentional
19 spread of anthrax in this country and state, which resulted in
20 the death of one Floridian, provide evidence that such
21 capabilities exist. These events also have shown the
22 importance of maintaining appropriate pharmaceutical materials
23 to respond to acts of terrorism and the need to ensure that
24 the locations of pharmaceutical depositories are protected.
25 Consequently, the Legislature finds that information
26 concerning the type or amount of pharmaceutical materials or
27 the location of any pharmaceutical depository that is
28 maintained or directed by a state agency as a response to an
29 act of terrorism must be kept exempt.
30 Section 3. This act shall take effect on the same date
31 that HB 103-B or similar legislation defining "terrorism" for
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HOUSE AMENDMENT
Bill No. HB 123-B
Amendment No. 01 (for drafter's use only)
1 purposes of the Florida Criminal Code takes effect, if such
2 legislation is adopted in the same legislative session or an
3 extension thereof and becomes law.
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7 And the title is amended as follows:
8 remove from the title of the bill: the entire title
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10 and insert in lieu thereof:
11 A bill to be entitled
12 An act relating to public records; providing
13 that information concerning the amount or type
14 of pharmaceutical materials or the location of
15 pharmaceutical depositories maintained or
16 directed by a state agency as a response to an
17 act of terrorism is exempt from public records
18 requirements; providing for future review and
19 repeal; providing a statement of public
20 necessity; providing a contingent effective
21 date.
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