Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 7040
       
       
       
       
       
       
                                Ì8504386Î850438                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2023           .                                
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       The Committee on Rules (Boyd) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (3) of section
    6  119.071, Florida Statutes, is amended to read:
    7         119.071 General exemptions from inspection or copying of
    8  public records.—
    9         (3) SECURITY AND FIRESAFETY.—
   10         (a)1. As used in this paragraph, the term “security or
   11  firesafety system plan” includes all:
   12         a. Records, information, photographs, audio and visual
   13  presentations, schematic diagrams, surveys, recommendations, or
   14  consultations or portions thereof relating directly to the
   15  physical security or firesafety of the facility or revealing
   16  security or firesafety systems;
   17         b. Threat assessments conducted by any agency or any
   18  private entity;
   19         c. Threat response plans;
   20         d. Emergency evacuation plans;
   21         e. Sheltering arrangements; or
   22         f. Manuals for security or firesafety personnel, emergency
   23  equipment, or security or firesafety training.
   24         2. A security or firesafety system plan or portion thereof
   25  for:
   26         a. Any property owned by or leased to the state or any of
   27  its political subdivisions; or
   28         b. Any privately owned or leased property
   29  
   30  held by an agency is confidential and exempt from s. 119.07(1)
   31  and s. 24(a), Art. I of the State Constitution. This exemption
   32  is remedial in nature, and it is the intent of the Legislature
   33  that this exemption apply to security or firesafety system plans
   34  held by an agency before, on, or after April 6, 2018 the
   35  effective date of this paragraph. This paragraph is subject to
   36  the Open Government Sunset Review Act in accordance with s.
   37  119.15 and shall stand repealed on October 2, 2023, unless
   38  reviewed and saved from repeal through reenactment by the
   39  Legislature.
   40         3. Information made confidential and exempt by this
   41  paragraph may be disclosed:
   42         a. To the property owner or leaseholder;
   43         b. In furtherance of the official duties and
   44  responsibilities of the agency holding the information;
   45         c. To another local, state, or federal agency in
   46  furtherance of that agency’s official duties and
   47  responsibilities; or
   48         d. Upon a showing of good cause before a court of competent
   49  jurisdiction.
   50         Section 2. Section 281.301, Florida Statutes, is repealed.
   51         Section 3. Subsection (1) of section 286.0113, Florida
   52  Statutes, is amended to read:
   53         286.0113 General exemptions from public meetings.—
   54         (1) That portion of a meeting that would reveal a security
   55  or firesafety system plan or portion thereof made confidential
   56  and exempt by s. 119.071(3)(a) is exempt from s. 286.011 and s.
   57  24(b), Art. I of the State Constitution. This subsection is
   58  subject to the Open Government Sunset Review Act in accordance
   59  with s. 119.15 and shall stand repealed on October 2, 2023,
   60  unless reviewed and saved from repeal through reenactment by the
   61  Legislature.
   62         Section 4. Subsection (5) of section 1006.1493, Florida
   63  Statutes, is amended to read:
   64         1006.1493 Florida Safe Schools Assessment Tool.—
   65         (5) In accordance with s. 119.071(3)(a) ss. 119.071(3)(a)
   66  and 281.301, data and information related to security risk
   67  assessments administered pursuant to this section and s.
   68  1006.07(6) and the security information contained in the annual
   69  report required pursuant to subsection (4) are confidential and
   70  exempt from public records requirements.
   71         Section 5. This act shall take effect October 1, 2023.
   72  
   73  ================= T I T L E  A M E N D M E N T ================
   74  And the title is amended as follows:
   75         Delete everything before the enacting clause
   76  and insert:
   77                        A bill to be entitled                      
   78         An act relating to a review under the Open Government
   79         Sunset Review Act; amending s. 119.071, F.S., which
   80         provides an exemption from public records requirements
   81         for certain security or firesafety system plans;
   82         revising legislative intent; removing the scheduled
   83         repeal of the exemption; repealing s. 281.301, F.S.,
   84         relating to security and firesafety systems; amending
   85         s. 286.0113, F.S., which provides an exemption from
   86         public meeting requirements for the portion of a
   87         meeting that would reveal a security or firesafety
   88         system plan or portion thereof; removing the scheduled
   89         repeal of the exemption; amending s. 1006.1493, F.S.;
   90         conforming a provision to changes made by the act;
   91         providing an effective date.