ENROLLED
       2023 Legislature                                         SB 7008
       
       
       
       
       
       
                                                             20237008er
    1  
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S., which
    4         provides an exemption from public records for building
    5         plans, blueprints, schematic drawings, and diagrams,
    6         including draft, preliminary, and final formats, which
    7         depict the internal layout or structural elements of
    8         an attractions and recreation facility, entertainment
    9         or resort complex, industrial complex, retail and
   10         service development, office development, health care
   11         facility, or hotel or motel development; removing a
   12         provision authorizing disclosure of exempt information
   13         under certain circumstances; removing the scheduled
   14         repeal of the exemption; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (c) of subsection (3) of section
   19  119.071, Florida Statutes, is amended to read:
   20         119.071 General exemptions from inspection or copying of
   21  public records.—
   22         (3) SECURITY AND FIRESAFETY.—
   23         (c)1. Building plans, blueprints, schematic drawings, and
   24  diagrams, including draft, preliminary, and final formats, which
   25  depict the internal layout or structural elements of an
   26  attractions and recreation facility, entertainment or resort
   27  complex, industrial complex, retail and service development,
   28  office development, health care facility, or hotel or motel
   29  development, which records are held by an agency are exempt from
   30  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   31         2. This exemption applies to any such records held by an
   32  agency before, on, or after the effective date of this act.
   33         3. Information made exempt by this paragraph may be
   34  disclosed to another governmental entity if disclosure is
   35  necessary for the receiving entity to perform its duties and
   36  responsibilities; to the owner or owners of the structure in
   37  question or the owner’s legal representative; or upon a showing
   38  of good cause before a court of competent jurisdiction.
   39         4. This paragraph does not apply to comprehensive plans or
   40  site plans, or amendments thereto, which are submitted for
   41  approval or which have been approved under local land
   42  development regulations, local zoning regulations, or
   43  development-of-regional-impact review.
   44         4.5. As used in this paragraph, the term:
   45         a. “Attractions and recreation facility” means any sports,
   46  entertainment, amusement, or recreation facility, including, but
   47  not limited to, a sports arena, stadium, racetrack, tourist
   48  attraction, amusement park, or pari-mutuel facility that:
   49         (I) For single-performance facilities:
   50         (A) Provides single-performance facilities; or
   51         (B) Provides more than 10,000 permanent seats for
   52  spectators.
   53         (II) For serial-performance facilities:
   54         (A) Provides parking spaces for more than 1,000 motor
   55  vehicles; or
   56         (B) Provides more than 4,000 permanent seats for
   57  spectators.
   58         b. “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. “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:
   74         (I) Provides onsite parking for more than 250 motor
   75  vehicles;
   76         (II) Encompasses 500,000 square feet or more of gross floor
   77  area; or
   78         (III) Occupies a site of 100 acres or more, but excluding
   79  wholesale facilities or plants that primarily serve or deal
   80  onsite with the general public.
   81         d. “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) Encompasses more than 400,000 square feet of gross
   87  floor area; or
   88         (II) Provides parking spaces for more than 2,500 motor
   89  vehicles.
   90         e. “Office development” means any office building or park
   91  operated under common ownership, development plan, or management
   92  that encompasses 300,000 or more square feet of gross floor
   93  area.
   94         f. “Health care facility” means a hospital, ambulatory
   95  surgical center, nursing home, hospice, or intermediate care
   96  facility for the developmentally disabled.
   97         g. “Hotel or motel development” means any hotel or motel
   98  development that accommodates 350 or more units.
   99         6. This paragraph is subject to the Open Government Sunset
  100  Review Act in accordance with s. 119.15 and shall stand repealed
  101  on October 2, 2023, unless reviewed and saved from repeal
  102  through reenactment by the Legislature.
  103         Section 2. This act shall take effect October 1, 2023.