Senate Bill sb0060Bc1
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Florida Senate - 2001 CS for SB 60-B
By the Committee on Governmental Oversight and Productivity;
and Senators Brown-Waite, Smith and Crist
302-461B-02
1 A bill to be entitled
2 An act relating to public records; providing
3 that information concerning the amount or type
4 of pharmaceuticals or the location of
5 pharmaceutical depositories maintained or
6 directed by a state agency in response to an
7 act of terrorism are exempt from public-records
8 requirements; providing a statement of public
9 necessity; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Information concerning the type or amount
14 of pharmaceutical materials or the location of any
15 pharmaceutical depository maintained or directed by a state
16 agency as a response to an act of terrorism as defined in s.
17 775.30 is exempt from the requirements of section 119.07(1),
18 Florida Statutes, and Section 24(a), Article I of the State
19 Constitution. The certification of the sufficiency of the type
20 or amount of pharmaceutical or the security of the location of
21 the pharmaceutical depository is a public record. This section
22 is subject to the Open Government Sunset Review Act of 1995 in
23 accordance with section 119.15, Florida Statutes, and shall
24 stand repealed October 2, 2007, unless reviewed and saved from
25 repeal through reenactment by the Legislature.
26 Section 2. The Legislature finds that the exemption
27 from public-records requirements provided in section 1 of this
28 act is a public necessity because information concerning the
29 type or amount of pharmaceutical materials or the location of
30 any pharmaceutical depository that is maintained or directed
31 by a state agency is information that could be used by
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 60-B
302-461B-02
1 terrorists in planning acts of terrorism. If terrorists were
2 able to determine what types of pharmaceuticals are stored or
3 maintained for response to terrorism, or the amount of
4 pharmaceuticals stored, they could use this information to
5 craft a terrorist act to which the state may not be as well
6 prepared to respond. This information could be used to
7 increase the number of people injured or killed in a terrorist
8 act. Although some skill would be required to use such
9 information to further an act of terrorism, ample evidence of
10 the capabilities of terrorists to conduct complicated acts of
11 terrorism exist. The September 11, 2001, attack on the World
12 Trade Center and the Pentagon, as well as the intentional
13 spread of anthrax in this country and state, which resulted in
14 the death of one Floridian, provide evidence that such
15 capabilities exist. These events also have shown the
16 importance of maintaining appropriate pharmaceuticals to
17 respond to acts of terrorism and the need to ensure that the
18 locations of pharmaceutical depositories are protected.
19 Consequently, the Legislature finds that information
20 concerning the type or amount of pharmaceutical materials or
21 the location of any pharmaceutical depository that is
22 maintained or directed by a state agency must be kept
23 confidential.
24 Section 3. This act shall take effect upon becoming a
25 law.
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Florida Senate - 2001 CS for SB 60-B
302-461B-02
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 60-B
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4 Creates an exemption from public records requirements for the
type or amount of pharmaceutical materials or the location of
5 any pharmaceutical depository maintained or directed by a
state agency as a response to an act of terrorism as defined
6 in s. 775.30, F.S.
7 Provides that the certification of sufficiency of the type,
amount or security of the location is not exempt.
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Provides a statement of public necessity.
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