Senate Bill sb0982c1

    Florida Senate - 2002                            CS for SB 982

    By the Committee on Governmental Oversight and Productivity;
    and Senators Brown-Waite and Crist




    302-2302-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; creating a public-records

  4         exemption for building plans, blueprints,

  5         schematic drawings, or diagrams of specified

  6         facilities owned or operated by an agency;

  7         providing for retroactive application to

  8         existing records; providing for future review

  9         and repeal; providing an effective date.

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

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13         Section 1.  Paragraph (ee) is added to subsection (3)

14  of section 119.07, Florida Statutes, as amended by section 1

15  of chapter 2001-364, Laws of Florida, to read:

16         119.07  Inspection, examination, and duplication of

17  records; exemptions.--

18         (3)

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

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

21  which depict the internal layout and structural elements of a

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

23  structure owned or operated by an agency as defined in this

24  chapter are exempt from the provisions of subsection (1) and

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

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

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

28  which depict the internal layout and structural elements of a

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

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

31  the effective date of this act. This paragraph is subject to

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    Florida Senate - 2002                            CS for SB 982
    302-2302-02




  1  the Open Government Sunset Review Act in accordance with s.

  2  119.15, and shall stand repealed on July 1, 2007, unless

  3  reviewed and reenacted by the Legislature. In addition,

  4  records may be released upon a showing of good cause before a

  5  court of competent jurisdiction.

  6         Section 2.  The Legislature finds that the

  7  public-records exemptions created by this act are a public

  8  necessity in order to ensure the safety of government

  9  infrastructures and to ensure public safety. Such information

10  is a vital component of public safety. If building plans,

11  blueprints, schematic drawings, maps, or diagrams that depict

12  the internal layout of buildings, arenas, stadiums, water

13  treatment facilities, or other structures were made available

14  to the public, the ability for persons who desire to harm

15  individuals located in those structures is increased. Public

16  access to those plans could create the potential for

17  widespread harm to the public. If the information made exempt

18  by this act were available for public disclosure, terrorists

19  could have easy access to that information and use the

20  information to inflict harm on the public. Although skill

21  would be required to use such information to further an act of

22  terrorism, ample evidence exists of the capabilities of

23  terrorists to conduct complicated acts of terrorism. The

24  September 11, 2001, attack on the World Trade Center and the

25  Pentagon, as well as the intentional spread of anthrax in this

26  country and state, provides evidence that such capabilities

27  exist. These events also show the crippling effect that

28  terrorist acts can have, not only on the lives of persons in a

29  community affected by terrorist acts but also on the economy

30  of the community, the state, and the nation. Consequently, the

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    Florida Senate - 2002                            CS for SB 982
    302-2302-02




  1  Legislature finds that the public-records exemptions created

  2  by this act are a public necessity.

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

  4  law.

  5  

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 982

  8                                 

  9  Creates an exemption for building plans, blueprints, schematic
    drawings, diagrams, which depict the internal layout and
10  structural elements of a building or other structure owned or
    operated by an agency.
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    Provides for retroactive application.
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    Provides a statement of public necessity.
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CODING: Words stricken are deletions; words underlined are additions.