Senate Bill sb1362

    Florida Senate - 2003                                  SB 1362

    By Senator Bennett





    21-1056-03

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; revising an exemption from

  4         public-records requirements to include building

  5         plans, blueprints, schematic drawings, and

  6         diagrams of specified facilities and structures

  7         held by a public agency or an entity acting on

  8         behalf of a public agency; providing a

  9         statement of public necessity; providing an

10         effective date.

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

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

15  119.07, Florida Statutes, is amended to read:

16         119.07  Inspection, examination, and duplication of

17  records; exemptions.--

18         (3)

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

20  and 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 held owned or operated by an agency as defined in s.

24  119.011 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. Information made exempt by

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    Florida Senate - 2003                                  SB 1362
    21-1056-03




  1  this paragraph may be disclosed to another governmental entity

  2  if disclosure is necessary for the receiving entity to perform

  3  its duties and responsibilities; to a licensed architect,

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

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

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

  7  showing of good cause before a court of competent

  8  jurisdiction.  The entities or persons receiving such

  9  information shall maintain the exempt status of the

10  information. This paragraph is subject to the Open Government

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

12  shall stand repealed on October 2, 2007, unless reviewed and

13  reenacted by the Legislature.

14         Section 2.  The Legislature finds that the public

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

16  order to ensure the safety of government infrastructures and

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

18  component of public safety, and, if it were made publicly

19  available, the ability of persons who desire to harm

20  individuals located in or using those structures, the building

21  plans, blueprints, schematic drawings, and diagrams that are

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

23  terrorists would have easy access to the exempt information

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

25  Although skill would be required to use such information to

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

27  capabilities of terrorists to conduct complicated acts of

28  terrorism. The attack on the World Trade Center and the

29  Pentagon on September 11, 2001, as well as the intentional

30  spread of anthrax in this country and state, provide evidence

31  that such capabilities exist. These events also show the

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    Florida Senate - 2003                                  SB 1362
    21-1056-03




  1  crippling effect that terrorist acts can have, not only on the

  2  lives of persons in a community affected by terrorism but also

  3  on the economy of the community, the state, and the nation.

  4  Consequently, the Legislature finds that the public-records

  5  exemption created by this act is a public necessity.

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

  7  law.

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10                          SENATE SUMMARY

11    Revises an exemption from public records requirements for
      building plans, blueprints, schematic drawings, and
12    diagrams of specified facilities and structures held by
      an agency. Provides a statement of public necessity.
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