Senate Bill sb1362c2

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    Florida Senate - 2003                    CS for CS for SB 1362

    By the Committees on Governmental Oversight and Productivity;
    Home Defense, Public Security, and Ports; and Senator Bennett




    302-2506-03

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

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

  4         public-records requirements to include building

  5         plans, blueprints, schematic drawings, and

  6         diagrams held by a public agency and relating

  7         to specified facilities, developments, and

  8         structures; providing exceptions; providing for

  9         legislative review and repeal; providing

10         definitions; providing a statement of public

11         necessity; providing an effective date.

12  

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

14  

15         Section 1.  Present paragraph (ff) of subsection (3) of

16  section 119.07, Florida Statutes, is redesignated as paragraph

17  (gg), and a new paragraph (ff) is added to that subsection, to

18  read:

19         119.07  Inspection, examination, and duplication of

20  records; exemptions.--

21         (3)

22         (ff)  Building plans, blueprints, schematic drawings,

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

24  which depict the internal or external layout or structural

25  elements of an attractions and recreation facility,

26  entertainment/resort complex, industrial complex, retail and

27  service development, office development, or hotel or motel

28  development, which documents are held by an agency as defined

29  in s. 119.011, are exempt from the provisions of subsection

30  (1) and s. 24(a), Art. I of the State Constitution. This

31  exemption applies to any such documents held either

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    Florida Senate - 2003                    CS for CS for SB 1362
    302-2506-03




 1  permanently or temporarily by an agency before or after the

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

 3  paragraph may be disclosed to another governmental entity if

 4  disclosure is necessary for the receiving entity to perform

 5  its duties and responsibilities; to the owner or owners of the

 6  structure in question or the owner's legal representative; or

 7  upon a showing of good cause before a court of competent

 8  jurisdiction. As used in this paragraph, the term:

 9         1.  "Attractions and recreation facility" means any

10  sports, entertainment, amusement, or recreation facility,

11  including, but not limited to, a sports arena, stadium,

12  racetrack, tourist attraction, amusement park, or pari-mutuel

13  facility that:

14         a.  For single-performance facilities:

15         (I)  Provides single-performance facilities; or

16         (II)  Provides more than 10,000 permanent seats for

17  spectators.

18         b.  For serial-performance facilities:

19         (I)  Provides parking spaces for more than 1,000 motor

20  vehicles; or

21         (II)  Provides more than 4,000 permanent seats for

22  spectators.

23         2.  "Entertainment/resort complex" means a theme park

24  comprised of at least 25 acres of land with permanent

25  exhibitions and a variety of recreational activities, which

26  has at least 1 million visitors annually who pay admission

27  fees thereto, together with any lodging, dining, and

28  recreational facilities located adjacent to, contiguous to, or

29  in close proximity to the theme park, as long as the owners or

30  operators of the theme park, or a parent or related company or

31  subsidiary thereof, has an equity interest in the lodging,

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    Florida Senate - 2003                    CS for CS for SB 1362
    302-2506-03




 1  dining, or recreational facilities or is in privity therewith.

 2  Close proximity includes an area within a 5-mile radius of the

 3  theme park complex.

 4         3.  "Industrial complex" means any industrial,

 5  manufacturing, processing, distribution, warehousing,

 6  wholesale facility, or plant, as well as accessory uses and

 7  structures, under common ownership which:

 8         a.  Provides onsite parking for more than 250 motor

 9  vehicles;

10         b.  Encompasses 500,000 square feet or more of gross

11  floor area; or

12         c.  Occupies a site of 100 acres or more, but excluding

13  wholesale facilities or plants that primarily serve or deal

14  onsite with the general public.

15         4.  "Retail and service development" means any retail,

16  service, or wholesale business establishment or group of

17  establishments which deals primarily with the general public

18  onsite and is operated under one common property ownership,

19  development plan, or management that:

20         a.  Encompasses more than 400,000 square feet of gross

21  floor area; or

22         b.  Provides parking spaces for more than 2,500 motor

23  vehicles.

24         5.  "Office development" means any office building or

25  park operated under common ownership, development plan, or

26  management that encompasses 300,000 or more square feet of

27  gross floor area.

28         6.  "Hotel or motel development" means any hotel or

29  motel development that accommodates 350 or more units.

30         Section 2.  Section 119.07(3)(ff), Florida Statutes, is

31  subject to the Open Government Sunset Review Act of 1995, in

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    Florida Senate - 2003                    CS for CS for SB 1362
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 1  accordance with section 119.15, Florida Statutes, and shall

 2  stand repealed on October 2, 2008, unless reviewed and

 3  reenacted by the Legislature.

 4         Section 3.  The Legislature finds that the

 5  public-records exemption created by this act is a public

 6  necessity in order to ensure the safety of an attractions and

 7  recreation facility, entertainment/resort complex, industrial

 8  complex, retail and service development, office development,

 9  or hotel or motel development and to ensure public safety.

10  Such exempt information is a vital component of public safety,

11  and, if the building plans, blueprints, schematic drawings,

12  and diagrams were made publicly available, the ability of

13  persons who desire to harm individuals located in or using

14  those structures would be increased. In addition terrorists

15  would have easy access to the exempt information and use the

16  information to inflict harm on the public. Although skill

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

18  terrorism, ample evidence exists of the capabilities of

19  terrorists to conduct complicated acts of terrorism. The

20  attack on the World Trade Center and the Pentagon on September

21  11, 2001, as well as the intentional spread of anthrax in this

22  country and state provide evidence that such capabilities

23  exist. These events also show the crippling effect that

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

25  community affected by terrorism but also on the economy of the

26  community, the state, and the nation. Consequently, the

27  Legislature finds that the public-records exemption created by

28  this act is a public necessity.

29         Section 4.  This act shall take effect upon becoming a

30  law.

31  

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    Florida Senate - 2003                    CS for CS for SB 1362
    302-2506-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 1362

 3                                 

 4  Narrows the types of structures for which the exemption
    applies. Provides that the exemption applies for plans and
 5  blueprints of an attractions and recreation facility,
    entertainment/resort complex, industrial complex, retail and
 6  service development, office development, or hotel or motel
    development.
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    Provides definitions for the the structures for which the
 8  exemption applies.

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