Florida Senate - 2022                                    SB 7006
       
       
        
       By the Committee on Education
       
       
       
       
       
       581-01011-22                                          20227006__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 1004.0962, F.S., which
    4         provides an exemption from public records requirements
    5         for any portion of a campus emergency response held by
    6         a public postsecondary educational institution, a
    7         state or local law enforcement agency, a county or
    8         municipal emergency management agency, the Executive
    9         Office of the Governor, the Department of Education,
   10         the Board of Governors of the State University System,
   11         or the Division of Emergency Management, and for any
   12         portion of a public meeting which would reveal
   13         information related to a campus emergency response;
   14         removing the scheduled repeal of the exemption;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 1004.0962, Florida Statutes, is amended
   20  to read:
   21         1004.0962 Campus emergency response of a public
   22  postsecondary educational institution; public records exemption;
   23  public meetings exemption.—
   24         (1) As used in this section, the term “campus emergency
   25  response” means a public postsecondary educational institution’s
   26  response to or plan for responding to an act of terrorism, as
   27  defined by s. 775.30, or other public safety crisis or
   28  emergency, and includes information relating to:
   29         (a) Records, information, photographs, audio and visual
   30  presentations, schematic diagrams, surveys, recommendations, or
   31  consultations or portions thereof.
   32         (b) Threat assessments conducted by any agency or private
   33  entity.
   34         (c) Threat response plans.
   35         (d) Emergency evacuation plans.
   36         (e) Sheltering arrangements.
   37         (f) Manuals for security personnel, emergency equipment, or
   38  security training.
   39         (g) Security systems or plans.
   40         (h) Vulnerability analyses.
   41         (i) Postdisaster activities, including provisions for
   42  emergency power, communications, food, and water.
   43         (j) Postdisaster transportation.
   44         (k) Supplies, including drug caches.
   45         (l) Staffing.
   46         (m) Emergency equipment.
   47         (n) Individual identification of students, faculty, and
   48  staff; the transfer of records; and methods of responding to
   49  family inquiries.
   50         (2)(a) Any portion of a campus emergency response held by a
   51  public postsecondary educational institution is exempt from s.
   52  119.07(1) and s. 24(a), Art. I of the State Constitution.
   53         (b) Any portion of a campus emergency response held by a
   54  state or local law enforcement agency, a county or municipal
   55  emergency management agency, the Executive Office of the
   56  Governor, the Department of Education, the Board of Governors of
   57  the State University System, or the Division of Emergency
   58  Management is exempt from s. 119.07(1) and s. 24(a), Art. I of
   59  the State Constitution.
   60         (3) The public records exemptions provided by this section
   61  are remedial in nature, and it is the intent of the Legislature
   62  that the exemptions apply to campus emergency responses held by
   63  a custodial agency before, on, or after the effective date of
   64  this section.
   65         (4) Information made exempt by this section may be
   66  disclosed:
   67         (a) To another governmental entity if disclosure is
   68  necessary for the receiving entity to perform its duties and
   69  responsibilities; or
   70         (b) Upon a showing of good cause before a court of
   71  competent jurisdiction.
   72         (5) That portion of a public meeting which would reveal
   73  information related to a campus emergency response is exempt
   74  from s. 286.011 and s. 24(b), Art. I of the State Constitution.
   75         (6) This section is subject to the Open Government Sunset
   76  Review Act in accordance with s. 119.15 and shall stand repealed
   77  on October 2, 2022, unless reviewed and saved from repeal
   78  through reenactment by the Legislature.
   79         Section 2. This act shall take effect October 1, 2022.