ENROLLED
       2023 Legislature                                  CS for SB 1616
       
       
       
       
       
       
                                                             20231616er
    1  
    2         An act relating to public records; amending s. 943.68,
    3         F.S.; providing an exemption from public records
    4         requirements for records held by a law enforcement
    5         agency relating to certain security or transportation
    6         services; providing for retroactive application;
    7         providing for legislative review and repeal of the
    8         exemption; providing a statement of public necessity;
    9         providing a directive to the Division of Law Revision;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (10) is added to section 943.68,
   15  Florida Statutes, and subsections (1), (5), and (6) of that
   16  section are republished, to read:
   17         943.68 Transportation and protective services.—
   18         (1) The department shall provide and maintain the security
   19  of the Governor, the Governor’s immediate family, and the
   20  Governor’s office and mansion and the grounds thereof.
   21         (5) The department is authorized to provide security or
   22  transportation to visiting governors and their families upon
   23  request by the Governor.
   24         (6) The department shall provide security or transportation
   25  services to other persons when requested by the Governor, the
   26  Lieutenant Governor, a member of the Cabinet, the Speaker of the
   27  House of Representatives, the President of the Senate, or the
   28  Chief Justice of the Supreme Court, subject to certification by
   29  the requesting party that such services are in the best interest
   30  of the state. The requesting party may delegate certification
   31  authority to the executive director of the department. The
   32  requesting party shall limit such services to persons:
   33         (a) Who are visiting the state; for whom such services are
   34  requested by the Governor, the Lieutenant Governor, a member of
   35  the Cabinet, the Speaker of the House of Representatives, the
   36  President of the Senate, or the Chief Justice of the Supreme
   37  Court; and for whom the primary purpose of the visit is for a
   38  significant public purpose; or
   39         (b) For whom the failure to provide security or
   40  transportation could result in a clear and present danger to the
   41  personal safety of such persons or to the safety of other
   42  persons or property within this state or could result in public
   43  embarrassment to the state.
   44         (10)(a)Records held by a law enforcement agency relating
   45  to security or transportation services provided under subsection
   46  (1), subsection (5), or subsection (6) are exempt from s.
   47  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   48  exemption applies to records held by a law enforcement agency
   49  before, on, or after the effective date of this act.
   50         (b)This subsection is subject to the Open Government
   51  Sunset Review Act in accordance with s. 119.15 and shall stand
   52  repealed on October 2, 2028, unless reviewed and saved from
   53  repeal through reenactment by the Legislature.
   54         Section 2. The Legislature finds that it is a public
   55  necessity that records held by a law enforcement agency relating
   56  to security or transportation services provided under s.
   57  943.68(1), (5), or (6), Florida Statutes, be made exempt from s.
   58  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   59  State Constitution. Information obtained by a law enforcement
   60  agency authorized by law to provide security or transportation
   61  services to persons, including the Governor, the Governor’s
   62  immediate family, visiting governors and their families, the
   63  Lieutenant Governor, a member of the Cabinet, the Speaker of the
   64  House of Representatives, the President of the Senate, or the
   65  Chief Justice of the Supreme Court, or for persons for whom such
   66  services are requested by the Governor, the Lieutenant Governor,
   67  a member of the Cabinet, the Speaker of the House of
   68  Representatives, the President of the Senate, or the Chief
   69  Justice of the Supreme Court, the disclosure of which could
   70  endanger the protected person, should not be disclosed to the
   71  public. The disclosure of such records, including security,
   72  operational, and logistical plans; mansion security, facility
   73  operations, access, screenings, and clearances; personal
   74  information unrelated to official duties of the protected
   75  individuals; risk, vulnerability, and threat assessments; travel
   76  information relating to the protected person and law enforcement
   77  agents and personnel providing the security or transportation
   78  services; and identifying information of sworn and nonsworn
   79  personnel engaged in a security or transportation services
   80  operation or detail could reveal the means and methods of
   81  providing the required security or transportation services and
   82  could impair the ability of the law enforcement agency to ensure
   83  the safety and security of the protected person. The disclosure
   84  of such records could also endanger the law enforcement agents
   85  and personnel providing the security or transportation services.
   86  The Legislature finds that the safety and security of persons
   87  authorized protection under s. 943.68(1), (5), or (6), Florida
   88  Statutes, as well as the safety and security of law enforcement
   89  agents and personnel providing the security or transportation
   90  services, outweigh any public benefit that may be derived from
   91  the disclosure of such records. Therefore, it is a public
   92  necessity that records held by a law enforcement agency relating
   93  to security or transportation services provided under s.
   94  943.68(1), (5), or (6), Florida Statutes, be made exempt from
   95  public records requirements.
   96         Section 3. The Division of Law Revision is directed to
   97  replace the phrase “the effective date of this act” wherever it
   98  occurs in this act with the date this act becomes a law.
   99         Section 4. This act shall take effect upon becoming a law.