Florida Senate - 2020                                    SB 1060
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-00922-20                                           20201060__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 119.071, F.S.; providing an exemption from
    4         public records requirements for certain documents that
    5         depict the structural elements of certain 911 or E911
    6         communication system infrastructure, structures, or
    7         facilities; providing an exemption from public records
    8         requirements for geographical maps indicating the
    9         actual or proposed locations of certain 911 or E911
   10         communication system infrastructure, structures, or
   11         facilities; providing for retroactive application;
   12         authorizing disclosure under certain circumstances;
   13         providing for future legislative review and repeal of
   14         the exemptions; amending s. 286.0113, F.S.; providing
   15         an exemption from public meetings requirements for
   16         portions of meetings which would reveal certain
   17         documents depicting the structural elements of 911 or
   18         E911 communication system infrastructure, structures,
   19         or facilities, or geographic maps indicating the
   20         actual or proposed locations of 911 or E911
   21         communication system infrastructure, structures, or
   22         facilities; providing for future legislative review
   23         and repeal of the exemptions; providing a statement of
   24         public necessity; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (e) is added to subsection (3) of
   29  section 119.071, Florida Statutes, to read:
   30         119.071 General exemptions from inspection or copying of
   31  public records.—
   32         (3) SECURITY AND FIRESAFETY.—
   33         (e)1.a.Building plans, blueprints, schematic drawings, and
   34  diagrams, including draft, preliminary, and final formats, which
   35  depict the structural elements of 911 or E911 communication
   36  system infrastructure, including towers, antennae, equipment or
   37  facilities used to provide 911 or E911 communication services,
   38  or other 911 or E911 communication structures or facilities
   39  owned and operated by an agency are exempt from s. 119.07(1) and
   40  s. 24(a), Art. I of the State Constitution.
   41         b.Geographical maps indicating the actual or proposed
   42  locations of 911 or E911 communication system infrastructure,
   43  including towers, antennae, equipment or facilities used to
   44  provide 911 or E911 services, or other 911 or E911 communication
   45  structures or facilities owned and operated by an agency are
   46  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   47  Constitution.
   48         2.This exemption applies to building plans, blueprints,
   49  schematic drawings, and diagrams, including draft, preliminary,
   50  and final formats, which depict the structural elements of 911
   51  or E911 communication system infrastructure or other 911 and
   52  E911 communication structures or facilities owned and operated
   53  by an agency, and geographical maps indicating actual or
   54  proposed locations of 911 or E911 communication system
   55  infrastructure or other 911 or E911 communication structures or
   56  facilities owned and operated by an agency, before, on, or after
   57  the effective date of this act.
   58         3.Information made exempt by this paragraph may be
   59  disclosed:
   60         a.To another governmental entity if disclosure is
   61  necessary for the receiving entity to perform its duties and
   62  responsibilities;
   63         b.To a licensed architect, engineer, or contractor who is
   64  performing work on or related to the 911 or E911 communication
   65  system infrastructure, including towers, antennae, equipment or
   66  facilities used to provide 911 or E911 communication services,
   67  or other 911 or E911 communication structures or facilities
   68  owned and operated by an agency; or
   69         c.Upon a showing of good cause before a court of competent
   70  jurisdiction.
   71         4.The entities or persons receiving such information must
   72  maintain the exempt status of the information.
   73         5.This paragraph is subject to the Open Government Sunset
   74  Review Act in accordance with s. 119.15 and shall stand repealed
   75  on October 2, 2025, unless reviewed and saved from repeal
   76  through reenactment by the Legislature.
   77         Section 2. Subsection (4) is added to section 286.0113,
   78  Florida Statutes, to read:
   79         286.0113 General exemptions from public meetings.—
   80         (4)(a)Any portion of a meeting that would reveal building
   81  plans, blueprints, schematic drawings, or diagrams, including
   82  draft, preliminary, and final formats, which depict the
   83  structural elements of 911 or E911 communication system
   84  infrastructure, including towers, antennae, equipment or
   85  facilities used to provide 911 or E911 communication services,
   86  or other 911 and E911 communication structures or facilities
   87  made exempt by s. 119.071(3)(e)1.a. is exempt from s. 286.011
   88  and s. 24, Art. I of the State Constitution.
   89         (b)Any portion of a meeting that would reveal geographical
   90  maps indicating the actual or proposed locations of 911 or E911
   91  communication system infrastructure, including towers, antennae,
   92  equipment or facilities used to provide 911 or E911
   93  communication services, or other 911 or E911 communication
   94  structures or facilities made exempt by s. 119.071(3)(e)1.b. is
   95  exempt from s. 286.011 and s. 24, Art. I of the State
   96  Constitution.
   97         (c)This subsection is subject to the Open Government
   98  Sunset Review Act in accordance with s. 119.15 and shall stand
   99  repealed on October 2, 2025, unless reviewed and saved from
  100  repeal through reenactment by the Legislature.
  101         Section 3. The Legislature finds that it is a public
  102  necessity that building plans, blueprints, schematic drawings,
  103  and diagrams, including draft, preliminary, and final formats,
  104  which depict the structural elements of 911 or E911
  105  communication system infrastructure, including towers, antennae,
  106  equipment or facilities used to provide 911 or E911
  107  communication services, and other 911 or E911 communication
  108  structures or facilities owned and operated by an agency, and
  109  geographic maps indicating the actual or proposed locations of
  110  such communication system infrastructure, structures, or
  111  facilities should be made exempt from s. 119.07(1), Florida
  112  Statutes, and s. 24(a), Article I of the State Constitution to
  113  ensure the security of emergency communication infrastructure,
  114  structures, and facilities. In addition, the Legislature finds
  115  that it is a public necessity that any portion of a meeting
  116  revealing such documents and maps that are held by an agency
  117  should be made exempt from s. 286.011, Florida Statutes, and s.
  118  24(b), Article I of the State Constitution. Building plans,
  119  blueprints, schematic drawings, and diagrams, including draft,
  120  preliminary, and final formats, received and held by counties,
  121  municipalities, and other governmental agencies that depict the
  122  structural elements of 911 or E911 communication system
  123  infrastructure, structures, and facilities are currently subject
  124  to release as public records upon request. Similarly,
  125  geographical maps showing the present or proposed locations of
  126  such 911 or E911 communication system infrastructure,
  127  structures, and facilities that are in the possession of
  128  counties, municipalities, and other governmental agencies are
  129  also subject to release as public records upon request.
  130  Counties, municipalities and other governmental agencies may
  131  review the building plans or geographical maps to ensure
  132  compliance with land development regulations, building codes,
  133  agency rules, and standards to protect the public health and
  134  safety. These building plans include diagrams and schematic
  135  drawings of emergency communication systems, electrical systems,
  136  and other physical plant and security details which depict the
  137  structural elements of such emergency communication facilities
  138  and structures. 911 and E911 communication facilities, including
  139  towers and antennae, are a vital link in the chain of survival.
  140  Such critical infrastructure must be protected as any disruption
  141  during an active shooter or other terror event is very likely to
  142  result in greater loss of life and property damage. To function
  143  properly, towers and antennae need to be visible, increasing the
  144  security risk of such facilities. Because architectural and
  145  engineering plans reviewed and held by counties, municipalities
  146  and other government agencies include information about towers,
  147  equipment, ancillary facilities, critical systems, and
  148  restricted areas, these plans could be used by criminals or
  149  terrorists to examine the physical plant for vulnerabilities.
  150  Information contained in these documents could aid in the
  151  planning of, training for, and execution of criminal actions
  152  including cybercrime, arson, and terrorism. Consequently, the
  153  Legislature finds that it is a public necessity to exempt such
  154  information from public records requirements to reduce exposure
  155  to security threats and protect the public.
  156         Section 4. This act shall take effect upon becoming a law.