HB 1461 2003
1	A bill to be entitled
2	An act relating to a public records exemption for building
3	plans, blueprints, schematic drawings, and diagrams of a
4	building, arena, stadium, water treatment facility, or
5	other structure held by an agency; amending s. 119.07,
6	F.S.; expanding the public records exemption for building
7	plans, blueprints, schematic drawings, and diagrams which
8	depict the internal layout and structural elements of a
9	building, arena, stadium, water treatment facility, or
10	other structure owned or operated by an agency to exempt
11	such plans, blueprints, schematic drawings, and diagrams
12	held by an agency; providing for retroactive effect;
13	providing for review and repeal; providing a statement of
14	public necessity; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Paragraph (ee) of subsection (3) of section
19	119.07, Florida Statutes, is amended to read:
20	119.07 Inspection, examination, and duplication of
21	records; exemptions.--
22	(3)
23	(ee) Building plans, blueprints, schematic drawings, and
24	diagrams, including draft, preliminary, and final formats, which
25	depict the internal layout and structural elements of a
26	building, arena, stadium, water treatment facility, or other
27	structure heldowned or operatedby an agency as defined in s.
28	119.011 are exempt from the provisions of subsection (1) and s.
29	24(a), Art. I of the State Constitution. This exemption applies
30	to building plans, blueprints, schematic drawings, and diagrams,
31	including draft, preliminary, and final formats, which depict
32	the internal layout and structural elements of a building,
33	arena, stadium, water treatment facility, or other structure
34	heldowned or operatedby an agency before, on, or after the
35	effective date of this act. Information made exempt by this
36	paragraph may be disclosed to another governmental entity if
37	disclosure is necessary for the receiving entity to perform its
38	duties and responsibilities; to a licensed architect, engineer,
39	or contractor who is performing work on or related to the
40	building, arena, stadium, water treatment facility, or other
41	structure, the building plans, blueprints, schematic drawings,
42	and diagrams of which are heldowned or operatedby an agency;
43	or upon a showing of good cause before a court of competent
44	jurisdiction. The entities or persons receiving such information
45	shall maintain the exempt status of the information. This
46	paragraph is subject to the Open Government Sunset Review Act of
47	1995 in accordance with s. 119.15, and shall stand repealed on
48	October 2, 2007, unless reviewed and reenacted by the
49	Legislature.
50	Section 2. Paragraph (ee) of subsection (3) of s. 119.07,
51	Florida Statutes, is subject to the Open Government Sunset
52	Review Act of 1995 in accordance with s. 119.15, Florida
53	Statutes, and shall stand repealed on October 2, 2008, unless
54	reviewed and saved from repeal through reenactment by the
55	Legislature.
56	Section 3. The Legislature finds that the public records
57	exemption created by this act is a public necessity in order to
58	ensure the safety of public and private infrastructures and to
59	ensure public safety. Such exempt information is a vital
60	component of public safety and, if it were made publicly
61	available, the ability of persons who desire to harm individuals
62	located in or using those structures, the building plans,
63	blueprints, schematic drawings, and diagrams of which are made
64	exempt by this act, would be increased. In addition, terrorists
65	would have easy access to the exempt information and could use
66	the information to inflict harm on the public. Although skill
67	would be required to use such information to further an act of
68	terrorism, ample evidence exists of the capabilities of
69	terrorists to conduct complicated acts of terrorism. The
70	September 11, 2001, attacks on the World Trade Center and the
71	Pentagon, as well as the intentional spread of anthrax in this
72	country and state, provide evidence that such capabilities
73	exist. These events also show the crippling effect that
74	terrorist acts can have, not only on the lives of persons in a
75	community affected by terrorist acts but also on the economy of
76	the community, the state, and the nation. Consequently, the
77	Legislature finds that the pubic records exemption created by
78	this act is a public necessity.
79	Section 4. This act shall take effect upon becoming a law.