Florida Senate - 2020                             CS for SB 1060
       
       
        
       By the Committee on Innovation, Industry, and Technology; and
       Senator Thurston
       
       
       
       
       580-02213-20                                          20201060c1
    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; requiring the recording and transcription
   23         of exempt portions of such meetings; providing an
   24         exemption from public records requirements for such
   25         recordings and transcripts; providing an exception;
   26         providing for future legislative review and repeal of
   27         the exemptions; providing a statement of public
   28         necessity; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (e) is added to subsection (3) of
   33  section 119.071, Florida Statutes, to read:
   34         119.071 General exemptions from inspection or copying of
   35  public records.—
   36         (3) SECURITY AND FIRESAFETY.—
   37         (e)1.a.Building plans, blueprints, schematic drawings, and
   38  diagrams, including draft, preliminary, and final formats, which
   39  depict the structural elements of 911 or E911 communication
   40  system infrastructure, including towers, antennae, equipment or
   41  facilities used to provide 911 or E911 communication services,
   42  or other 911 or E911 communication structures or facilities
   43  owned and operated by an agency are exempt from s. 119.07(1) and
   44  s. 24(a), Art. I of the State Constitution.
   45         b.Geographical maps indicating the actual or proposed
   46  locations of 911 or E911 communication system infrastructure,
   47  including towers, antennae, equipment or facilities used to
   48  provide 911 or E911 services, or other 911 or E911 communication
   49  structures or facilities owned and operated by an agency are
   50  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   51  Constitution.
   52         2.This exemption applies to building plans, blueprints,
   53  schematic drawings, and diagrams, including draft, preliminary,
   54  and final formats, which depict the structural elements of 911
   55  or E911 communication system infrastructure or other 911 and
   56  E911 communication structures or facilities owned and operated
   57  by an agency, and geographical maps indicating actual or
   58  proposed locations of 911 or E911 communication system
   59  infrastructure or other 911 or E911 communication structures or
   60  facilities owned and operated by an agency, before, on, or after
   61  the effective date of this act.
   62         3.Information made exempt by this paragraph may be
   63  disclosed:
   64         a.To another governmental entity if disclosure is
   65  necessary for the receiving entity to perform its duties and
   66  responsibilities;
   67         b.To a licensed architect, engineer, or contractor who is
   68  performing work on or related to the 911 or E911 communication
   69  system infrastructure, including towers, antennae, equipment or
   70  facilities used to provide 911 or E911 communication services,
   71  or other 911 or E911 communication structures or facilities
   72  owned and operated by an agency; or
   73         c.Upon a showing of good cause before a court of competent
   74  jurisdiction.
   75         4.The entities or persons receiving such information must
   76  maintain the exempt status of the information.
   77         5.This paragraph is subject to the Open Government Sunset
   78  Review Act in accordance with s. 119.15 and shall stand repealed
   79  on October 2, 2025, unless reviewed and saved from repeal
   80  through reenactment by the Legislature.
   81         Section 2. Subsection (4) is added to section 286.0113,
   82  Florida Statutes, to read:
   83         286.0113 General exemptions from public meetings.—
   84         (4)(a)Any portion of a meeting that would reveal building
   85  plans, blueprints, schematic drawings, or diagrams, including
   86  draft, preliminary, and final formats, which depict the
   87  structural elements of 911 or E911 communication system
   88  infrastructure, including towers, antennae, equipment or
   89  facilities used to provide 911 or E911 communication services,
   90  or other 911 and E911 communication structures or facilities
   91  made exempt by s. 119.071(3)(e)1.a. is exempt from s. 286.011
   92  and s. 24, Art. I of the State Constitution.
   93         (b)Any portion of a meeting that would reveal geographical
   94  maps indicating the actual or proposed locations of 911 or E911
   95  communication system infrastructure, including towers, antennae,
   96  equipment or facilities used to provide 911 or E911
   97  communication services, or other 911 or E911 communication
   98  structures or facilities made exempt by s. 119.071(3)(e)1.b. is
   99  exempt from s. 286.011 and s. 24, Art. I of the State
  100  Constitution.
  101         (c)No portion of an exempt meeting under paragraph (a) or
  102  paragraph (b) may be off the record. All exempt portions of such
  103  meeting shall be recorded and transcribed. Such recordings and
  104  transcripts are confidential and exempt from disclosure under s.
  105  119.07(1) and s. 24(a), Art. I of the State Constitution unless
  106  a court of competent jurisdiction, after an in-camera review,
  107  determines that the meeting was not restricted to the discussion
  108  of the information made exempt by s. 119.071(3)(e)1. In the
  109  event of such a judicial determination, only that portion of the
  110  recording and transcript which reveals nonexempt information may
  111  be disclosed to a third party.
  112         (d)This subsection is subject to the Open Government
  113  Sunset Review Act in accordance with s. 119.15 and shall stand
  114  repealed on October 2, 2025, unless reviewed and saved from
  115  repeal through reenactment by the Legislature.
  116         Section 3. The Legislature finds that it is a public
  117  necessity that building plans, blueprints, schematic drawings,
  118  and diagrams, including draft, preliminary, and final formats,
  119  which depict the structural elements of 911 or E911
  120  communication system infrastructure, including towers, antennae,
  121  equipment or facilities used to provide 911 or E911
  122  communication services, and other 911 or E911 communication
  123  structures or facilities owned and operated by an agency, and
  124  geographic maps indicating the actual or proposed locations of
  125  such communication system infrastructure, structures, or
  126  facilities should be made exempt from s. 119.07(1), Florida
  127  Statutes, and s. 24(a), Article I of the State Constitution to
  128  ensure the security of emergency communication infrastructure,
  129  structures, and facilities. In addition, the Legislature finds
  130  that it is a public necessity that any portion of a meeting
  131  revealing such documents and maps that are held by an agency
  132  should be made exempt from s. 286.011, Florida Statutes, and s.
  133  24(b), Article I of the State Constitution and that the
  134  recordings and transcripts of such an exempt meeting be
  135  confidential and exempt from disclosure under s. 119.07(1),
  136  Florida Statutes, and s. 24(a), Article I of the State
  137  Constitution. Building plans, blueprints, schematic drawings,
  138  and diagrams, including draft, preliminary, and final formats,
  139  received and held by counties, municipalities, and other
  140  governmental agencies that depict the structural elements of 911
  141  or E911 communication system infrastructure, structures, and
  142  facilities are currently subject to release as public records
  143  upon request. Similarly, geographical maps showing the present
  144  or proposed locations of such 911 or E911 communication system
  145  infrastructure, structures, and facilities that are in the
  146  possession of counties, municipalities, and other governmental
  147  agencies are also subject to release as public records upon
  148  request. Counties, municipalities and other governmental
  149  agencies may review the building plans or geographical maps to
  150  ensure compliance with land development regulations, building
  151  codes, agency rules, and standards to protect the public health
  152  and safety. These building plans include diagrams and schematic
  153  drawings of emergency communication systems, electrical systems,
  154  and other physical plant and security details which depict the
  155  structural elements of such emergency communication facilities
  156  and structures. 911 and E911 communication facilities, including
  157  towers and antennae, are a vital link in the chain of survival.
  158  Such critical infrastructure must be protected as any disruption
  159  during an active shooter or other terror event is very likely to
  160  result in greater loss of life and property damage. To function
  161  properly, towers and antennae need to be visible, increasing the
  162  security risk of such facilities. Because architectural and
  163  engineering plans reviewed and held by counties, municipalities
  164  and other government agencies include information about towers,
  165  equipment, ancillary facilities, critical systems, and
  166  restricted areas, these plans could be used by criminals or
  167  terrorists to examine the physical plant for vulnerabilities.
  168  Information contained in these documents could aid in the
  169  planning of, training for, and execution of criminal actions
  170  including cybercrime, arson, and terrorism. Consequently, the
  171  Legislature finds that it is a public necessity to exempt such
  172  information from public records requirements to reduce exposure
  173  to security threats and protect the public.
  174         Section 4. This act shall take effect upon becoming a law.