Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1616
       
       
       
       
       
       
                                Ì616440zÎ616440                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2023           .                                
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       The Committee on Rules (Martin) recommended the following:
       
    1         Senate Substitute for Amendment (306640) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (10) is added to section 943.68,
    7  Florida Statutes, and subsections (1), (5), and (6) of that
    8  section are republished, to read:
    9         943.68 Transportation and protective services.—
   10         (1) The department shall provide and maintain the security
   11  of the Governor, the Governor’s immediate family, and the
   12  Governor’s office and mansion and the grounds thereof.
   13         (5) The department is authorized to provide security or
   14  transportation to visiting governors and their families upon
   15  request by the Governor.
   16         (6) The department shall provide security or transportation
   17  services to other persons when requested by the Governor, the
   18  Lieutenant Governor, a member of the Cabinet, the Speaker of the
   19  House of Representatives, the President of the Senate, or the
   20  Chief Justice of the Supreme Court, subject to certification by
   21  the requesting party that such services are in the best interest
   22  of the state. The requesting party may delegate certification
   23  authority to the executive director of the department. The
   24  requesting party shall limit such services to persons:
   25         (a) Who are visiting the state; for whom such services are
   26  requested by the Governor, the Lieutenant Governor, a member of
   27  the Cabinet, the Speaker of the House of Representatives, the
   28  President of the Senate, or the Chief Justice of the Supreme
   29  Court; and for whom the primary purpose of the visit is for a
   30  significant public purpose; or
   31         (b) For whom the failure to provide security or
   32  transportation could result in a clear and present danger to the
   33  personal safety of such persons or to the safety of other
   34  persons or property within this state or could result in public
   35  embarrassment to the state.
   36         (10)(a)Records held by a law enforcement agency relating
   37  to security or transportation services provided under subsection
   38  (1), subsection (5), or subsection (6) are exempt from s.
   39  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   40  exemption applies to records held by a law enforcement agency
   41  before, on, or after the effective date of this act.
   42         (b)This subsection is subject to the Open Government
   43  Sunset Review Act in accordance with s. 119.15 and shall stand
   44  repealed on October 2, 2028, unless reviewed and saved from
   45  repeal through reenactment by the Legislature.
   46         Section 2. The Legislature finds that it is a public
   47  necessity that records held by a law enforcement agency relating
   48  to security or transportation services provided under s.
   49  943.68(1), (5), or (6), Florida Statutes, be made exempt from s.
   50  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   51  State Constitution. Information obtained by a law enforcement
   52  agency authorized by law to provide security or transportation
   53  services to persons, including the Governor, the Governor’s
   54  immediate family, visiting governors and their families, the
   55  Lieutenant Governor, a member of the Cabinet, the Speaker of the
   56  House of Representatives, the President of the Senate, or the
   57  Chief Justice of the Supreme Court, or for persons for whom such
   58  services are requested by the Governor, the Lieutenant Governor,
   59  a member of the Cabinet, the Speaker of the House of
   60  Representatives, the President of the Senate, or the Chief
   61  Justice of the Supreme Court, the disclosure of which could
   62  endanger the protected person, should not be disclosed to the
   63  public. The disclosure of such records, including security,
   64  operational, and logistical plans; mansion security, facility
   65  operations, access, screenings, and clearances; personal
   66  information unrelated to official duties of the protected
   67  individuals; risk, vulnerability, and threat assessments; travel
   68  information relating to the protected person and law enforcement
   69  agents and personnel providing the security or transportation
   70  services; and identifying information of sworn and nonsworn
   71  personnel engaged in a security or transportation services
   72  operation or detail could reveal the means and methods of
   73  providing the required security or transportation services and
   74  could impair the ability of the law enforcement agency to ensure
   75  the safety and security of the protected person. The disclosure
   76  of such records could also endanger the law enforcement agents
   77  and personnel providing the security or transportation services.
   78  The Legislature finds that the safety and security of persons
   79  authorized protection under s. 943.68(1), (5), or (6), Florida
   80  Statutes, as well as the safety and security of law enforcement
   81  agents and personnel providing the security or transportation
   82  services, outweigh any public benefit that may be derived from
   83  the disclosure of such records. Therefore, it is a public
   84  necessity that records held by a law enforcement agency relating
   85  to security or transportation services provided under s.
   86  943.68(1), (5), or (6), Florida Statutes, be made exempt from
   87  public records requirements.
   88         Section 3. The Division of Law Revision is directed to
   89  replace the phrase “the effective date of this act” wherever it
   90  occurs in this act with the date this act becomes a law.
   91         Section 4. This act shall take effect upon becoming a law.
   92  
   93  ================= T I T L E  A M E N D M E N T ================
   94  And the title is amended as follows:
   95         Delete everything before the enacting clause
   96  and insert:
   97                        A bill to be entitled                      
   98         An act relating to public records; amending s. 943.68,
   99         F.S.; providing an exemption from public records
  100         requirements for records held by a law enforcement
  101         agency relating to certain security or transportation
  102         services; providing for retroactive application;
  103         providing for legislative review and repeal of the
  104         exemption; providing a statement of public necessity;
  105         providing a directive to the Division of Law Revision;
  106         providing an effective date.