| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act regarding building plans and blueprints; |
| 4 | amending s. 119.071, F.S., which provides an exemption |
| 5 | from public records requirements for building plans, |
| 6 | blueprints, schematic drawings, and diagrams held by an |
| 7 | agency which depict the internal layout or structural |
| 8 | elements of certain facilities, complexes, and |
| 9 | developments; reorganizing the exemption; making editorial |
| 10 | changes; repealing s. 2, ch. 2004-9, Laws of Florida, |
| 11 | which provides for repeal of the exemption; providing an |
| 12 | effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (c) of subsection (3) of section |
| 17 | 119.071, Florida Statutes, are amended to read: |
| 18 | 119.071 General exemptions from inspection or copying of |
| 19 | public records.-- |
| 20 | (3) SECURITY.-- |
| 21 | (c)1. 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 records |
| 27 | documents are held by an agency are exempt from s. 119.07(1) and |
| 28 | s. 24(a), Art. I of the State Constitution. |
| 29 | 2. This exemption applies to any such records documents |
| 30 | held by an agency before, on, or after the effective date of |
| 31 | this act. |
| 32 | 3. Information made exempt by this paragraph may be |
| 33 | disclosed to another governmental entity if disclosure is |
| 34 | necessary for the receiving entity to perform its duties and |
| 35 | responsibilities; to the owner or owners of the structure in |
| 36 | question or the owner's legal representative; or upon a showing |
| 37 | of good cause before a court of competent jurisdiction. |
| 38 | 4. This paragraph does not apply to comprehensive plans or |
| 39 | site plans, or amendments thereto, which are submitted for |
| 40 | approval or which have been approved under local land |
| 41 | development regulations, local zoning regulations, or |
| 42 | development-of-regional-impact review. |
| 43 | 5. As used in this paragraph, the term: |
| 44 | a.1. "Attractions and recreation facility" means any |
| 45 | sports, entertainment, amusement, or recreation facility, |
| 46 | including, but not limited to, a sports arena, stadium, |
| 47 | racetrack, tourist attraction, amusement park, or pari-mutuel |
| 48 | facility that: |
| 49 | (I)a. For single-performance facilities: |
| 50 | (A)(I) Provides single-performance facilities; or |
| 51 | (B)(II) Provides more than 10,000 permanent seats for |
| 52 | spectators. |
| 53 | (II)b. For serial-performance facilities: |
| 54 | (A)(I) Provides parking spaces for more than 1,000 motor |
| 55 | vehicles; or |
| 56 | (B)(II) Provides more than 4,000 permanent seats for |
| 57 | spectators. |
| 58 | b.2. "Entertainment or resort complex" means a theme park |
| 59 | comprised of at least 25 acres of land with permanent |
| 60 | exhibitions and a variety of recreational activities, which has |
| 61 | at least 1 million visitors annually who pay admission fees |
| 62 | thereto, together with any lodging, dining, and recreational |
| 63 | facilities located adjacent to, contiguous to, or in close |
| 64 | proximity to the theme park, as long as the owners or operators |
| 65 | of the theme park, or a parent or related company or subsidiary |
| 66 | thereof, has an equity interest in the lodging, dining, or |
| 67 | recreational facilities or is in privity therewith. Close |
| 68 | proximity includes an area within a 5-mile radius of the theme |
| 69 | park complex. |
| 70 | c.3. "Industrial complex" means any industrial, |
| 71 | manufacturing, processing, distribution, warehousing, or |
| 72 | wholesale facility or plant, as well as accessory uses and |
| 73 | structures, under common ownership that which: |
| 74 | (I)a. Provides onsite parking for more than 250 motor |
| 75 | vehicles; |
| 76 | (II)b. Encompasses 500,000 square feet or more of gross |
| 77 | floor area; or |
| 78 | (III)c. Occupies a site of 100 acres or more, but |
| 79 | excluding wholesale facilities or plants that primarily serve or |
| 80 | deal onsite with the general public. |
| 81 | d.4. "Retail and service development" means any retail, |
| 82 | service, or wholesale business establishment or group of |
| 83 | establishments which deals primarily with the general public |
| 84 | onsite and is operated under one common property ownership, |
| 85 | development plan, or management that: |
| 86 | (I)a. Encompasses more than 400,000 square feet of gross |
| 87 | floor area; or |
| 88 | (II)b. Provides parking spaces for more than 2,500 motor |
| 89 | vehicles. |
| 90 | e.5. "Office development" means any office building or |
| 91 | park operated under common ownership, development plan, or |
| 92 | management that encompasses 300,000 or more square feet of gross |
| 93 | floor area. |
| 94 | f.6. "Hotel or motel development" means any hotel or motel |
| 95 | development that accommodates 350 or more units. |
| 96 |
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| 97 | This exemption does not apply to comprehensive plans or site |
| 98 | plans, or amendments thereto, which are submitted for approval |
| 99 | or which have been approved under local land development |
| 100 | regulations, local zoning regulations, or development-of- |
| 101 | regional-impact review. |
| 102 | Section 2. Section 2 of chapter 2004-9, Laws of Florida, |
| 103 | is repealed. |
| 104 | Section 3. This act shall take effect October 1, 2009. |