Florida Senate - 2009                                     SB 754
       
       
       
       By the Committee on Military Affairs and Domestic Security
       
       
       
       
       583-01135-09                                           2009754__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S.;
    4         clarifying the exemption from public-record
    5         requirements which is provided for building plans,
    6         blueprints, schematic drawings, and diagrams held by
    7         an agency; repealing s. 2, ch. 2004-9, Laws of
    8         Florida, relating to provisions that provide for
    9         repeal of the exemption; providing an effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Paragraph (c) of subsection (3) of section
   14  119.071, Florida Statutes, is amended to read:
   15         119.071 General exemptions from inspection or copying of
   16  public records.—
   17         (3) SECURITY.—
   18         (c)1. Building plans, blueprints, schematic drawings, and
   19  diagrams, including draft, preliminary, and final formats, which
   20  depict the internal layout or structural elements of an
   21  attractions and recreation facility, entertainment or resort
   22  complex, industrial complex, retail and service development,
   23  office development, or hotel or motel development, which
   24  documents are held by an agency are exempt from s. 119.07(1) and
   25  s. 24(a), Art. I of the State Constitution. This exemption
   26  applies to any such documents held by an agency before, on, or
   27  after the effective date of this act. Information made exempt by
   28  this paragraph may be disclosed to another governmental entity
   29  if disclosure is necessary for the receiving entity to perform
   30  its duties and responsibilities; to the owner or owners of the
   31  structure in question or the owner's legal representative; or
   32  upon a showing of good cause before a court of competent
   33  jurisdiction.
   34         2.This paragraph does not apply to comprehensive plans,
   35  site plans, or amendments that are submitted for approval or
   36  that have been approved under local land development
   37  regulations, local zoning regulations, or development-of
   38  regional-impact review.
   39         3. As used in this paragraph, the term:
   40         a.1. “Attractions and recreation facility” means any
   41  sports, entertainment, amusement, or recreation facility,
   42  including, but not limited to, a sports arena, stadium,
   43  racetrack, tourist attraction, amusement park, or pari-mutuel
   44  facility that:
   45         (I)a. For single-performance facilities:
   46         (A)(I) Provides single-performance facilities; or
   47         (B)(II) Provides more than 10,000 permanent seats for
   48  spectators.
   49         (II)b. For serial-performance facilities:
   50         (A)(I) Provides parking spaces for more than 1,000 motor
   51  vehicles; or
   52         (B)(II) Provides more than 4,000 permanent seats for
   53  spectators.
   54         b.2. “Entertainment or resort complex” means a theme park
   55  comprised of at least 25 acres of land with permanent
   56  exhibitions and a variety of recreational activities, which has
   57  at least 1 million visitors annually who pay admission fees
   58  thereto, together with any lodging, dining, and recreational
   59  facilities located adjacent to, contiguous to, or in close
   60  proximity to the theme park, as long as the owners or operators
   61  of the theme park, or a parent or related company or subsidiary
   62  thereof, has an equity interest in the lodging, dining, or
   63  recreational facilities or is in privity therewith. Close
   64  proximity includes an area within a 5-mile radius of the theme
   65  park complex.
   66         c.3. “Industrial complex” means any industrial,
   67  manufacturing, processing, distribution, warehousing, or
   68  wholesale facility or plant, as well as accessory uses and
   69  structures, under common ownership which:
   70         (I)a. Provides onsite parking for more than 250 motor
   71  vehicles;
   72         (II)b. Encompasses 500,000 square feet or more of gross
   73  floor area; or
   74         (III)c. Occupies a site of 100 acres or more, but excluding
   75  wholesale facilities or plants that primarily serve or deal
   76  onsite with the general public.
   77         d.4. “Retail and service development” means any retail,
   78  service, or wholesale business establishment or group of
   79  establishments which deals primarily with the general public
   80  onsite and is operated under one common property ownership,
   81  development plan, or management that:
   82         (I)a. Encompasses more than 400,000 square feet of gross
   83  floor area; or
   84         (II)b. Provides parking spaces for more than 2,500 motor
   85  vehicles.
   86         e.5. “Office development” means any office building or park
   87  operated under common ownership, development plan, or management
   88  that encompasses 300,000 or more square feet of gross floor
   89  area.
   90         f.6. “Hotel or motel development” means any hotel or motel
   91  development that accommodates 350 or more units.
   92  This exemption does not apply to comprehensive plans or site
   93  plans, or amendments thereto, which are submitted for approval
   94  or which have been approved under local land development
   95  regulations, local zoning regulations, or development-of
   96  regional-impact review.
   97         Section 2. Section 2 of chapter 2004-9, Laws of Florida, is
   98  repealed.
   99         Section 3. This act shall take effect October 1, 2009.