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