Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1616
       
       
       
       
       
       
                                Ì306640}Î306640                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/11/2023           .                                
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       The Committee on Rules (Martin) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (10) is added to section 943.68,
    6  Florida Statutes, and subsections (1), (5), and (6) of that
    7  section are republished, to read:
    8         943.68 Transportation and protective services.—
    9         (1) The department shall provide and maintain the security
   10  of the Governor, the Governor’s immediate family, and the
   11  Governor’s office and mansion and the grounds thereof.
   12         (5) The department is authorized to provide security or
   13  transportation to visiting governors and their families upon
   14  request by the Governor.
   15         (6) The department shall provide security or transportation
   16  services to other persons when requested by the Governor, the
   17  Lieutenant Governor, a member of the Cabinet, the Speaker of the
   18  House of Representatives, the President of the Senate, or the
   19  Chief Justice of the Supreme Court, subject to certification by
   20  the requesting party that such services are in the best interest
   21  of the state. The requesting party may delegate certification
   22  authority to the executive director of the department. The
   23  requesting party shall limit such services to persons:
   24         (a) Who are visiting the state; for whom such services are
   25  requested by the Governor, the Lieutenant Governor, a member of
   26  the Cabinet, the Speaker of the House of Representatives, the
   27  President of the Senate, or the Chief Justice of the Supreme
   28  Court; and for whom the primary purpose of the visit is for a
   29  significant public purpose; or
   30         (b) For whom the failure to provide security or
   31  transportation could result in a clear and present danger to the
   32  personal safety of such persons or to the safety of other
   33  persons or property within this state or could result in public
   34  embarrassment to the state.
   35         (10)(a)Records held by a law enforcement agency relating
   36  to security or transportation services provided under subsection
   37  (1), subsection (5), or subsection (6) are exempt from s.
   38  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   39  exemption applies to records held by a law enforcement agency
   40  before, on, or after the effective date of this act.
   41         (b)This subsection is subject to the Open Government
   42  Sunset Review Act in accordance with s. 119.15 and shall stand
   43  repealed on October 2, 2028, unless reviewed and saved from
   44  repeal through reenactment by the Legislature.
   45         Section 2. The Legislature finds that it is a public
   46  necessity that records held by a law enforcement agency relating
   47  to security or transportation services provided under s.
   48  943.68(1), (5), or (6), Florida Statutes, be made exempt from s.
   49  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   50  State Constitution. Information obtained by a law enforcement
   51  agency authorized by law to provide security or transportation
   52  services to persons, including the Governor, the Governor’s
   53  immediate family, visiting governors and their families, the
   54  Lieutenant Governor, a member of the Cabinet, the Speaker of the
   55  House of Representatives, the President of the Senate, or the
   56  Chief Justice of the Supreme Court, or for persons for whom such
   57  services are requested by the Governor, the Lieutenant Governor,
   58  a member of the Cabinet, the Speaker of the House of
   59  Representatives, the President of the Senate, or the Chief
   60  Justice of the Supreme Court, the disclosure of which could
   61  endanger the protected person, should not be disclosed to the
   62  public. The disclosure of such records, including security,
   63  operational, and logistical plans; risk, vulnerability, and
   64  threat assessments; travel information relating to the protected
   65  person and law enforcement agents and personnel providing the
   66  security or transportation services; and identifying information
   67  of sworn and nonsworn personnel engaged in a security or
   68  transportation services operation or detail could reveal the
   69  means and methods of providing the required security or
   70  transportation services and could impair the ability of the law
   71  enforcement agency to ensure the safety and security of the
   72  protected person. The disclosure of such records could also
   73  endanger the law enforcement agents and personnel providing the
   74  security or transportation services. The Legislature finds that
   75  the safety and security of persons authorized protection under
   76  s. 943.68(1), (5), or (6), Florida Statutes, as well as the
   77  safety and security of law enforcement agents and personnel
   78  providing the security or transportation services, outweigh any
   79  public benefit that may be derived from the disclosure of such
   80  records. Therefore, it is a public necessity that records held
   81  by a law enforcement agency relating to security or
   82  transportation services provided under s. 943.68(1), (5), or
   83  (6), Florida Statutes, be made exempt from public records
   84  requirements.
   85         Section 3. The Division of Law Revision is directed to
   86  replace the phrase “the effective date of this act” wherever it
   87  occurs in this act with the date this act becomes a law.
   88         Section 4. This act shall take effect upon becoming a law.
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete everything before the enacting clause
   93  and insert:
   94                        A bill to be entitled                      
   95         An act relating to public records; amending s. 943.68,
   96         F.S.; providing an exemption from public records
   97         requirements for records held by a law enforcement
   98         agency relating to certain security or transportation
   99         services; providing for retroactive application;
  100         providing for legislative review and repeal of the
  101         exemption; providing a statement of public necessity;
  102         providing a directive to the Division of Law Revision;
  103         providing an effective date.