House Bill hb0735c1

    Florida House of Representatives - 2002              CS/HB 735

        By the Council for Smarter Government and Committee on
    Security, Select and Representatives Gelber, Ball, Green,
    Cantens, Bense, Hart, Machek and Pickens




  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; creating an exemption from public

  4         records requirements for building plans,

  5         blueprints, schematic drawings, and diagrams of

  6         specified facilities and structures owned or

  7         operated by an agency; providing for

  8         retroactive application of the exemption;

  9         providing exceptions to the exemption;

10         providing for future review and repeal;

11         providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

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

16  119.07, Florida Statutes, as amended by section 1 of chapter

17  2001-364, Laws of Florida, is created to read:

18         119.07  Inspection, examination, and duplication of

19  records; exemptions.--

20         (3)

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

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

23  which depict the internal layout and structural elements of a

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

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

26  119.011 are exempt from the provisions of subsection (1) and

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

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

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

30  which depict the internal layout and structural elements of a

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

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002              CS/HB 735

    405-168-02






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

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

  3  this paragraph may be disclosed to another governmental entity

  4  if disclosure is necessary for the receiving entity to perform

  5  its duties and responsibilities; to a licensed architect,

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

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

  8  other structure owned or operated by an agency; or upon a

  9  showing of good cause before a court of competent

10  jurisdiction.  The entities or persons receiving such

11  information shall maintain the exempt status of the

12  information. This paragraph is subject to the Open Government

13  Sunset Review Act of 1995 in accordance with s. 119.15, and

14  shall stand repealed on October 2, 2007, unless reviewed and

15  reenacted by the Legislature.

16         Section 2.  The Legislature finds that the public

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

18  order to ensure the safety of government infrastructures and

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

20  component of public safety and if it were made publicly

21  available, the ability of persons who desire to harm

22  individuals located in or using those structures, the building

23  plans, blueprints, schematic drawings, and diagrams of which

24  are made exempt by this act, would be increased. In addition,

25  terrorists would have easy access to the exempt information

26  and use the information to inflict harm on the public.

27  Although skill would be required to use such information to

28  further an act of terrorism, ample evidence exists of the

29  capabilities of terrorists to conduct complicated acts of

30  terrorism. The September 11, 2001, attack on the World Trade

31  Center and the Pentagon, as well as the intentional spread of

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002              CS/HB 735

    405-168-02






  1  anthrax in this country and state, provides evidence that such

  2  capabilities exist. These events also show the crippling

  3  effect that terrorist acts can have, not only on the lives of

  4  persons in a community affected by terrorist acts but also on

  5  the economy of the community, the state, and the nation.

  6  Consequently, the Legislature finds that the public records

  7  exemption created by this act is a public necessity.

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

  9  law.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.