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.