| 1 | The Committee on State Administration recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to public records; amending s. 119.07, |
| 8 | F.S.; creating an exemption from public records |
| 9 | requirements to include building plans, blueprints, |
| 10 | schematic drawings, and diagrams held by a public agency |
| 11 | and relating to specified facilities, developments, and |
| 12 | structures; providing exceptions; providing for |
| 13 | legislative review and repeal; providing definitions; |
| 14 | providing a statement of public necessity; providing an |
| 15 | effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Present paragraphs (ff) and (gg) of subsection |
| 20 | (3) of section 119.07, Florida Statutes, are redesignated as |
| 21 | paragraphs (gg) and (hh), respectively, and a new paragraph (ff) |
| 22 | is added to said subsection, to read: |
| 23 | 119.07 Inspection, examination, and duplication of |
| 24 | records; exemptions.-- |
| 25 | (3) |
| 26 | (ff) Building plans, blueprints, schematic drawings, and |
| 27 | diagrams, including draft, preliminary, and final formats, which |
| 28 | depict the internal layout or structural elements of an |
| 29 | attractions and recreation facility, entertainment or resort |
| 30 | complex, industrial complex, retail and service development, |
| 31 | office development, or hotel or motel development, which |
| 32 | documents are held by an agency as defined in s. 119.011, are |
| 33 | exempt from the provisions of subsection (1) and s. 24(a), Art. |
| 34 | I of the State Constitution. This exemption applies to any such |
| 35 | documents held either permanently or temporarily by an agency |
| 36 | before or after the effective date of this act. Information made |
| 37 | exempt by this paragraph may be disclosed to another |
| 38 | governmental entity if disclosure is necessary for the receiving |
| 39 | entity to perform its duties and responsibilities; to the owner |
| 40 | or owners of the structure in question or the owner's legal |
| 41 | representative; or upon a showing of good cause before a court |
| 42 | of competent jurisdiction. As used in this paragraph, the term: |
| 43 | 1. "Attractions and recreation facility" means any sports, |
| 44 | entertainment, amusement, or recreation facility, including, but |
| 45 | not limited to, a sports arena, stadium, racetrack, tourist |
| 46 | attraction, amusement park, or pari-mutuel facility that: |
| 47 | a. For single-performance facilities: |
| 48 | (I) Provides single-performance facilities; or |
| 49 | (II) Provides more than 10,000 permanent seats for |
| 50 | spectators. |
| 51 | b. For serial-performance facilities: |
| 52 | (I) Provides parking spaces for more than 1,000 motor |
| 53 | vehicles; or |
| 54 | (II) Provides more than 4,000 permanent seats for |
| 55 | spectators. |
| 56 | 2. "Entertainment or resort complex" means a theme park |
| 57 | comprised of at least 25 acres of land with permanent |
| 58 | exhibitions and a variety of recreational activities, which has |
| 59 | at least 1 million visitors annually who pay admission fees |
| 60 | thereto, together with any lodging, dining, and recreational |
| 61 | facilities located adjacent to, contiguous to, or in close |
| 62 | proximity to the theme park, as long as the owners or operators |
| 63 | of the theme park, or a parent or related company or subsidiary |
| 64 | thereof, has an equity interest in the lodging, dining, or |
| 65 | recreational facilities or is in privity therewith. Close |
| 66 | proximity includes an area within a 5-mile radius of the theme |
| 67 | park complex. |
| 68 | 3. "Industrial complex" means any industrial, |
| 69 | manufacturing, processing, distribution, warehousing, or |
| 70 | wholesale facility or plant, as well as accessory uses and |
| 71 | structures, under common ownership which: |
| 72 | a. Provides onsite parking for more than 250 motor |
| 73 | vehicles; |
| 74 | b. Encompasses 500,000 square feet or more of gross floor |
| 75 | area; or |
| 76 | c. Occupies a site of 100 acres or more, but excluding |
| 77 | wholesale facilities or plants that primarily serve or deal |
| 78 | onsite with the general public. |
| 79 | 4. "Retail and service development" means any retail, |
| 80 | service, or wholesale business establishment or group of |
| 81 | establishments which deals primarily with the general public |
| 82 | onsite and is operated under one common property ownership, |
| 83 | development plan, or management that: |
| 84 | a. Encompasses more than 400,000 square feet of gross |
| 85 | floor area; or |
| 86 | b. Provides parking spaces for more than 2,500 motor |
| 87 | vehicles. |
| 88 | 5. "Office development" means any office building or park |
| 89 | operated under common ownership, development plan, or management |
| 90 | that encompasses 300,000 or more square feet of gross floor |
| 91 | area. |
| 92 | 6. "Hotel or motel development" means any hotel or motel |
| 93 | development that accommodates 350 or more units. |
| 94 |
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| 95 | This exemption does not apply to comprehensive plans or site |
| 96 | plans, or amendments thereto, which are submitted for approval |
| 97 | or which have been approved under local land development |
| 98 | regulations, local zoning regulations, or development-of- |
| 99 | regional-impact review. |
| 100 | Section 2. Section 119.07(3)(ff), Florida Statutes, is |
| 101 | subject to the Open Government Sunset Review Act of 1995, in |
| 102 | accordance with s. 119.15, Florida Statutes, and shall stand |
| 103 | repealed on October 2, 2009, unless reviewed and reenacted by |
| 104 | the Legislature. |
| 105 | Section 3. The Legislature finds that the public records |
| 106 | exemption created by this act is a public necessity in order to |
| 107 | ensure the safety of an attractions and recreation facility, |
| 108 | entertainment or resort complex, industrial complex, retail and |
| 109 | service development, office development, or hotel or motel |
| 110 | development and to ensure public safety. Such exempt information |
| 111 | is a vital component of public safety and, if the building |
| 112 | plans, blueprints, schematic drawings, and diagrams were made |
| 113 | publicly available, the ability of persons who desire to harm |
| 114 | individuals located in or using those structures would be |
| 115 | increased. In addition, terrorists would have easy access to the |
| 116 | exempt information and could use the information to inflict harm |
| 117 | on the public. Although skill would be required to use such |
| 118 | information to further an act of terrorism, ample evidence |
| 119 | exists of the capabilities of terrorists to conduct complicated |
| 120 | acts of terrorism. The attack on the World Trade Center and the |
| 121 | Pentagon on September 11, 2001, as well as the intentional |
| 122 | spread of anthrax in this country and state, provide evidence |
| 123 | that such capabilities exist. These events also show the |
| 124 | crippling effect that terrorist acts can have, not only on the |
| 125 | lives of persons in a community affected by terrorism, but also |
| 126 | on the economy of the community, the state, and the nation. |
| 127 | Consequently, the Legislature finds that the public records |
| 128 | exemption created by this act is a public necessity. |
| 129 | Section 4. This act shall take effect upon becoming a law. |