HB 0317

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


CODING: Words stricken are deletions; words underlined are additions.