Florida Senate - 2023                                    SB 7040
       
       
        
       By the Committee on Banking and Insurance
       
       
       
       
       
       597-02919-23                                          20237040__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S., which
    4         provides an exemption from public records requirements
    5         for security or firesafety system plans held by an
    6         agency; removing the scheduled repeal of the
    7         exemption; amending s. 281.301, F.S., which provides
    8         an exemption from public records and public meetings
    9         requirements for information relating to security or
   10         firesafety systems for certain properties and meetings
   11         relating to such systems and information; removing the
   12         scheduled repeal of the exemptions; amending s.
   13         286.0113, F.S., which provides an exemption from
   14         public meetings requirements for portions of meetings
   15         that would reveal security or firesafety system plans
   16         held by an agency; removing the scheduled repeal of
   17         the exemption; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (a) of subsection (3) of section
   22  119.071, Florida Statutes, is amended to read:
   23         119.071 General exemptions from inspection or copying of
   24  public records.—
   25         (3) SECURITY AND FIRESAFETY.—
   26         (a)1. As used in this paragraph, the term “security or
   27  firesafety system plan” includes all:
   28         a. Records, information, photographs, audio and visual
   29  presentations, schematic diagrams, surveys, recommendations, or
   30  consultations or portions thereof relating directly to the
   31  physical security or firesafety of the facility or revealing
   32  security or firesafety systems;
   33         b. Threat assessments conducted by any agency or any
   34  private entity;
   35         c. Threat response plans;
   36         d. Emergency evacuation plans;
   37         e. Sheltering arrangements; or
   38         f. Manuals for security or firesafety personnel, emergency
   39  equipment, or security or firesafety training.
   40         2. A security or firesafety system plan or portion thereof
   41  for:
   42         a. Any property owned by or leased to the state or any of
   43  its political subdivisions; or
   44         b. Any privately owned or leased property
   45  
   46  held by an agency is confidential and exempt from s. 119.07(1)
   47  and s. 24(a), Art. I of the State Constitution. This exemption
   48  is remedial in nature, and it is the intent of the Legislature
   49  that this exemption apply to security or firesafety system plans
   50  held by an agency before, on, or after the effective date of
   51  this paragraph. This paragraph is subject to the Open Government
   52  Sunset Review Act in accordance with s. 119.15 and shall stand
   53  repealed on October 2, 2023, unless reviewed and saved from
   54  repeal through reenactment by the Legislature.
   55         3. Information made confidential and exempt by this
   56  paragraph may be disclosed:
   57         a. To the property owner or leaseholder;
   58         b. In furtherance of the official duties and
   59  responsibilities of the agency holding the information;
   60         c. To another local, state, or federal agency in
   61  furtherance of that agency’s official duties and
   62  responsibilities; or
   63         d. Upon a showing of good cause before a court of competent
   64  jurisdiction.
   65         Section 2. Subsection (1) of section 281.301, Florida
   66  Statutes, is amended to read:
   67         281.301 Security and firesafety systems; records and
   68  meetings exempt from public access or disclosure.—
   69         (1) Information relating to the security or firesafety
   70  systems for any property owned by or leased to the state or any
   71  of its political subdivisions, and information relating to the
   72  security or firesafety systems for any privately owned or leased
   73  property which is in the possession of any agency as defined in
   74  s. 119.011(2), including all records, information, photographs,
   75  audio and visual presentations, schematic diagrams, surveys,
   76  recommendations, or consultations or portions thereof relating
   77  directly to or revealing such systems or information is
   78  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   79  of the State Constitution, and any portion of a meeting relating
   80  directly to or that would reveal such systems or information is
   81  exempt from s. 286.011 and s. 24(b), Art. I of the State
   82  Constitution, and other laws and rules requiring public access
   83  or disclosure. This subsection is subject to the Open Government
   84  Sunset Review Act in accordance with s. 119.15 and shall stand
   85  repealed on October 2, 2023, unless reviewed and saved from
   86  repeal through reenactment by the Legislature.
   87         Section 3. Subsection (1) of section 286.0113, Florida
   88  Statutes, is amended to read:
   89         286.0113 General exemptions from public meetings.—
   90         (1) That portion of a meeting that would reveal a security
   91  or firesafety system plan or portion thereof made confidential
   92  and exempt by s. 119.071(3)(a) is exempt from s. 286.011 and s.
   93  24(b), Art. I of the State Constitution. This subsection is
   94  subject to the Open Government Sunset Review Act in accordance
   95  with s. 119.15 and shall stand repealed on October 2, 2023,
   96  unless reviewed and saved from repeal through reenactment by the
   97  Legislature.
   98         Section 4. This act shall take effect October 1, 2023.