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.