HOUSE AMENDMENT

                                                   Bill No. HB 735

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on State Administration offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (ee) of subsection (3) of section

18  119.07, Florida Statutes, as amended by section 1 of chapter

19  2001-364, Laws of Florida, is created to read:

20         119.07  Inspection, examination, and duplication of

21  records; exemptions.--

22         (3)

23         (ee)  Building plans, blueprints, schematic drawings,

24  diagrams, including draft, preliminary, and final formats,

25  which depict the internal layout and structural elements of a

26  building, arena, stadium, water treatment facility, or other

27  structure owned or operated by an agency as defined in s.

28  119.011 are exempt from the provisions of subsection (1) and

29  s. 24(a), Art. I of the State Constitution. This exemption

30  applies to building plans, blueprints, schematic drawings, and

31  diagrams, including draft, preliminary, and final formats,

                                  1

    File original & 9 copies    02/21/02
    hsa0005                     05:37 pm         00735-sa  -674743




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 735

    Amendment No. ___ (for drafter's use only)





  1  which depict the internal layout and structural elements of a

  2  building, arena, stadium, water treatment facility, or other

  3  structure owned or operated by an agency before, on, or after

  4  the effective date of this act.  Information made exempt by

  5  this paragraph may be disclosed to another governmental entity

  6  if disclosure is necessary for the receiving entity to perform

  7  its duties and responsibilities; to a licensed architect,

  8  engineer, or contractor who is performing work on or related

  9  to the building, arena, stadium, water treatment facility, or

10  other agency owned or operated structure; or upon a showing of

11  good cause before a court of competent jurisdiction.  The

12  entities or persons receiving such information shall maintain

13  the exempt status of that information. This paragraph is

14  subject to the Open Government Sunset Review Act of 1995 in

15  accordance with s. 119.15, and shall stand repealed on October

16  2, 2007, unless reviewed and reenacted by the Legislature.

17         Section 2.  The Legislature finds that the public

18  records exemption created by this act is a public necessity in

19  order to ensure the safety of government infrastructures and

20  to ensure public safety. Such exempt information is a vital

21  component of public safety and if it were made publicly

22  available then the ability for persons who desire to harm

23  individuals located in those structures is increased. In

24  addition, terrorists would have easy access to the exempt

25  information and use the information to inflict harm on the

26  public. Although skill would be required to use such

27  information to further an act of terrorism, ample evidence

28  exists of the capabilities of terrorists to conduct

29  complicated acts of terrorism. The September 11, 2001, attack

30  on the World Trade Center and the Pentagon, as well as the

31  intentional spread of anthrax in this country and state,

                                  2

    File original & 9 copies    02/21/02
    hsa0005                     05:37 pm         00735-sa  -674743




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 735

    Amendment No. ___ (for drafter's use only)





  1  provides evidence that such capabilities exist. These events

  2  also show the crippling effect that terrorist acts can have,

  3  not only on the lives of persons in a community affected by

  4  terrorist acts but also on the economy of the community, the

  5  state, and the nation. Consequently, the Legislature finds

  6  that the public records exemption created by this act is a

  7  public necessity.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

10

11

12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14         On page 1, lines 2 through 16,

15  remove:  all of said lines

16

17  and insert:

18         An act relating to public records; amending s.

19         119.07, F.S.; creating a public records

20         exemption for building plans, blueprints,

21         schematic drawings, or diagrams of specified

22         facilities owned or operated by an agency;

23         providing for retroactive application of the

24         exemption; providing exceptions to the

25         exemption; providing for future review and

26         repeal; providing an effective date.

27

28

29

30

31

                                  3

    File original & 9 copies    02/21/02
    hsa0005                     05:37 pm         00735-sa  -674743