Florida 2023 Regular Session

Florida House Bill H7007 Latest Draft

Bill / Enrolled Version Filed 05/04/2023

                                    
ENROLLED 
HB 7007  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
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An act relating to a review under the Open Government 2 
Sunset Review Act; amending s. 119.071, F.S., which 3 
provides an exemption from public records requirements 4 
for certain security or firesafety system plans; 5 
removing the scheduled repeal of the exemption; 6 
repealing s. 281.301, F.S., relating to security and 7 
firesafety systems; amending s. 286.0113, F.S., which 8 
provides an exemption from public meeting requiremen ts 9 
for the portion of a meeting that would reveal a 10 
security or firesafety system plan or portion thereof; 11 
removing the scheduled repeal of the exemption; 12 
amending s. 1006.1493, F.S.; conforming a provision to 13 
changes made by the act; providing an effectiv e date. 14 
 15 
Be It Enacted by the Legislature of the State of Florida: 16 
 17 
 Section 1.  Paragraph (a) of subsection (3) of section 18 
119.071, Florida Statutes, is amended to read: 19 
 119.071  General exemptions from inspection or copying of 20 
public records.— 21 
 (3)  SECURITY AND FIRESAFETY. — 22 
 (a)1.  As used in this paragraph, the term "security or 23 
firesafety system plan" includes all: 24 
 a.  Records, information, photographs, audio and visual 25          
ENROLLED 
HB 7007  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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presentations, schematic diagrams, surveys, recommendations, or 26 
consultations or portions thereof relating directly to the 27 
physical security or firesafety of the facility or revealing 28 
security or firesafety systems; 29 
 b.  Threat assessments conducted by any agency or any 30 
private entity; 31 
 c.  Threat response plans; 32 
 d.  Emergency evacuation plans; 33 
 e.  Sheltering arrangements; or 34 
 f.  Manuals for security or firesafety personnel, emergency 35 
equipment, or security or firesafety training. 36 
 2.  A security or firesafety system plan or portion thereof 37 
for: 38 
 a.  Any property owned by or le ased to the state or any of 39 
its political subdivisions; or 40 
 b.  Any privately owned or leased property 41 
 42 
held by an agency is confidential and exempt from s. 119.07(1) 43 
and s. 24(a), Art. I of the State Constitution. This exemption 44 
is remedial in nature, and it is the intent of the Legislature 45 
that this exemption apply to security or firesafety system plans 46 
held by an agency before, on, or after April 6, 2018 the 47 
effective date of this paragraph. This paragraph is subject to 48 
the Open Government Sunset Review Act in accordance with s. 49 
119.15 and shall stand repealed on October 2, 2023, unless 50          
ENROLLED 
HB 7007  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb7007-01-er 
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reviewed and saved from repeal through reenactment by the 51 
Legislature. 52 
 3.  Information made confidential and exempt by this 53 
paragraph may be dis closed: 54 
 a.  To the property owner or leaseholder; 55 
 b.  In furtherance of the official duties and 56 
responsibilities of the agency holding the information; 57 
 c.  To another local, state, or federal agency in 58 
furtherance of that agency's official duties and 59 
responsibilities; or 60 
 d.  Upon a showing of good cause before a court of 61 
competent jurisdiction. 62 
 Section 2.  Section 281.301, Florida Statutes, is repealed. 63 
 Section 3.  Subsection (1) of section 286.0113, Florida 64 
Statutes, is amended to read: 65 
 286.0113 General exemptions from public meetings. — 66 
 (1)  That portion of a meeting that would reveal a security 67 
or firesafety system plan or portion thereof made confidential 68 
and exempt by s. 119.071(3)(a) is exempt from s. 286.011 and s. 69 
24(b), Art. I of the Sta te Constitution. This subsection is 70 
subject to the Open Government Sunset Review Act in accordance 71 
with s. 119.15 and shall stand repealed on October 2, 2023, 72 
unless reviewed and saved from repeal through reenactment by the 73 
Legislature. 74 
 Section 4.  Subsection (5) of section 1006.1493, Florida 75          
ENROLLED 
HB 7007  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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Statutes, is amended to read: 76 
 1006.1493  Florida Safe Schools Assessment Tool. — 77 
 (5)  In accordance with s. 119.071(3)(a) ss. 119.071(3)(a) 78 
and 281.301, data and information related to security risk 79 
assessments administered pursuant to this section and s. 80 
1006.07(6) and the security information contained in the annual 81 
report required pursuant to subsection (4) are confidential and 82 
exempt from public records requirements. 83 
 Section 5.  This act shall take effect October 1, 2023. 84