Florida Senate - 2025 (PROPOSED BILL) SPB 7006
FOR CONSIDERATION By the Committee on Regulated Industries
580-01924A-25 20257006pb
1 A bill to be entitled
2 An act relating to public records and meetings;
3 amending s. 119.071, F.S.; expanding an exemption from
4 public records requirements for certain components of
5 911, E911, and public safety radio communication
6 systems to include NG911 systems; extending the date
7 for future legislative review and repeal of the
8 exemption; amending s. 286.0113, F.S.; expanding an
9 exemption from public meetings requirements for
10 certain portions of meetings that would reveal certain
11 components of 911, E911, and public safety radio
12 communication systems to include NG911 systems;
13 extending the date for future legislative review and
14 repeal of the exemption; providing a statement of
15 public necessity; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (e) of subsection (3) of section
20 119.071, Florida Statutes, is amended to read:
21 119.071 General exemptions from inspection or copying of
22 public records.—
23 (3) SECURITY AND FIRESAFETY.—
24 (e)1.a. Building plans, blueprints, schematic drawings, and
25 diagrams, including draft, preliminary, and final formats, which
26 depict the structural elements of 911, E911, NG911, or public
27 safety radio communication system infrastructure, including
28 towers, antennae, equipment or facilities used to provide 911,
29 E911, NG911, or public safety radio communication services, or
30 other 911, E911, NG911, or public safety radio communication
31 structures or facilities owned and operated by an agency are
32 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
33 Constitution.
34 b. Geographical maps indicating the actual or proposed
35 locations of 911, E911, NG911, or public safety radio
36 communication system infrastructure, including towers, antennae,
37 equipment or facilities used to provide 911, E911, NG911, or
38 public safety radio services, or other 911, E911, NG911, or
39 public safety radio communication structures or facilities owned
40 and operated by an agency are exempt from s. 119.07(1) and s.
41 24(a), Art. I of the State Constitution.
42 2. This exemption applies to building plans, blueprints,
43 schematic drawings, and diagrams, including draft, preliminary,
44 and final formats, which depict the structural elements of 911,
45 E911, NG911, or public safety radio communication system
46 infrastructure or other 911, E911, NG911, or public safety radio
47 communication structures or facilities owned and operated by an
48 agency, and geographical maps indicating actual or proposed
49 locations of 911, E911, NG911, or public safety radio
50 communication system infrastructure or other 911, E911, NG911,
51 or public safety radio communication structures or facilities
52 owned and operated by an agency, before, on, or after the
53 effective date of this act.
54 3. Information made exempt by this paragraph may be
55 disclosed:
56 a. To another governmental entity if disclosure is
57 necessary for the receiving entity to perform its duties and
58 responsibilities;
59 b. To a licensed architect, engineer, or contractor who is
60 performing work on or related to the 911, E911, NG911, or public
61 safety radio communication system infrastructure, including
62 towers, antennae, equipment or facilities used to provide 911,
63 E911, NG911, or public safety radio communication services, or
64 other 911, E911, NG911, or public safety radio communication
65 structures or facilities owned and operated by an agency; or
66 c. Upon a showing of good cause before a court of competent
67 jurisdiction.
68 4. The entities or persons receiving such information must
69 maintain the exempt status of the information.
70 5. For purposes of this paragraph, the term “public safety
71 radio” is defined as the means of communication between and
72 among 911 public safety answering points, dispatchers, and first
73 responder agencies using those portions of the radio frequency
74 spectrum designated by the Federal Communications Commission
75 under 47 C.F.R. part 90 for public safety purposes.
76 6. This paragraph is subject to the Open Government Sunset
77 Review Act in accordance with s. 119.15 and shall stand repealed
78 on October 2, 2030 2025, unless reviewed and saved from repeal
79 through reenactment by the Legislature.
80 Section 2. Subsection (4) of section 286.0113, Florida
81 Statutes, is amended to read:
82 286.0113 General exemptions from public meetings.—
83 (4)(a) Any portion of a meeting that would reveal building
84 plans, blueprints, schematic drawings, or diagrams, including
85 draft, preliminary, and final formats, which depict the
86 structural elements of 911, E911, NG911, or public safety radio
87 communication system infrastructure, including towers, antennae,
88 equipment or facilities used to provide 911, E911, NG911, or
89 public safety radio communication services, or other 911, E911,
90 NG911, or public safety radio communication structures or
91 facilities made exempt by s. 119.071(3)(e)1.a. is exempt from s.
92 286.011 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, E911,
95 NG911, or public safety radio communication system
96 infrastructure, including towers, antennae, equipment or
97 facilities used to provide 911, E911, NG911, or public safety
98 radio communication services, or other 911, E911, NG911, or
99 public safety radio communication structures or facilities made
100 exempt by s. 119.071(3)(e)1.b. is exempt from s. 286.011 and s.
101 24, Art. I of the State Constitution.
102 (c) No portion of an exempt meeting under paragraph (a) or
103 paragraph (b) may be off the record. All exempt portions of such
104 meeting shall be recorded and transcribed. Such recordings and
105 transcripts are confidential and exempt from disclosure under s.
106 119.07(1) and s. 24(a), Art. I of the State Constitution unless
107 a court of competent jurisdiction, after an in camera review,
108 determines that the meeting was not restricted to the discussion
109 of the information made exempt by s. 119.071(3)(e)1.a. or b. In
110 the event of such a judicial determination, only that portion of
111 the recording and transcript which reveals nonexempt information
112 may be disclosed to a third party.
113 (d) For purposes of this subsection, the term “public
114 safety radio” is defined as the means of communication between
115 and among 911 public safety answering points, dispatchers, and
116 first responder agencies using those portions of the radio
117 frequency spectrum designated by the Federal Communications
118 Commission under 47 C.F.R. part 90 for public safety purposes.
119 (e) This subsection is subject to the Open Government
120 Sunset Review Act in accordance with s. 119.15 and shall stand
121 repealed on October 2, 2030 2025, unless reviewed and saved from
122 repeal through reenactment by the Legislature.
123 Section 3. The Legislature finds that it is a public
124 necessity that building plans, blueprints, schematic drawings,
125 and diagrams, including draft, preliminary, and final formats,
126 which depict the structural elements of 911, E911, NG911, or
127 public safety radio communication system infrastructure,
128 including towers, antennae, equipment, or facilities used to
129 provide 911, E911, NG911, or public safety radio communication
130 services, and other 911, E911, NG911, or public safety radio
131 communication structures or facilities owned and operated by an
132 agency, and geographical maps indicating the actual or proposed
133 locations of such communication system infrastructure,
134 structures, or facilities be made exempt from s. 119.07(1),
135 Florida Statutes, and s. 24(a), Article I of the State
136 Constitution to ensure the security of emergency communication
137 infrastructure, structures, and facilities. The Legislature
138 finds that it is a public necessity that any portion of a
139 meeting revealing such documents and maps held by an agency be
140 made exempt from s. 286.011, Florida Statutes, and s. 24(b),
141 Article I of the State Constitution. Building plans, blueprints,
142 schematic drawings, and diagrams, including draft, preliminary,
143 and final formats, received and held by counties,
144 municipalities, and other governmental agencies which depict the
145 structural elements of 911, E911, NG911, or public safety radio
146 communication system infrastructure, structures, and facilities
147 are currently subject to release as public records upon request.
148 Similarly, geographical maps showing the present or proposed
149 locations of such 911, E911, NG911, or public safety radio
150 communication system infrastructure, structures, and facilities
151 which are in the possession of counties, municipalities, and
152 other governmental agencies are also subject to release as
153 public records upon request. Counties, municipalities, and other
154 governmental agencies may review the building plans or
155 geographical maps to ensure compliance with land development
156 regulations, building codes, agency rules, and standards to
157 protect the public health and safety. These building plans
158 include diagrams and schematic drawings of emergency
159 communication systems, electrical systems, and other physical
160 plant and security details which depict the structural elements
161 of such emergency communications facilities and structures. Such
162 911, E911, NG911, and public safety radio communication
163 facilities, including towers and antennae, are a vital link in
164 the chain of survival. This critical infrastructure must be
165 protected because any disruption during an active shooter or
166 other terror event is very likely to result in greater loss of
167 life and property damage. To function properly, towers and
168 antennae need to be visible, increasing the security risk of
169 such facilities. Because architectural and engineering plans
170 reviewed and held by counties, municipalities, and other
171 government agencies include information about towers, equipment,
172 ancillary facilities, critical systems, and restricted areas,
173 these plans could be used by criminals or terrorists to examine
174 the physical plant for vulnerabilities. Information contained in
175 these documents could aid in the planning of, training for, and
176 execution of criminal actions, including cybercrime, arson, and
177 terrorism. Consequently, the Legislature finds that it is a
178 public necessity to exempt such information from public records
179 and public meetings requirements to reduce exposure to security
180 threats and to protect the public.
181 Section 4. This act shall take effect upon becoming a law.