ENROLLED 2020 Legislature CS for CS for SB 1060 20201060er 1 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 5 which depict the structural elements of certain 911, 6 E911, or public safety radio communication system 7 infrastructure, structures, or facilities; providing 8 an exemption from public records requirements for 9 geographical maps indicating the actual or proposed 10 locations of certain 911, E911, or public safety radio 11 communication system infrastructure, structures, or 12 facilities; providing for retroactive application; 13 authorizing disclosure under certain circumstances; 14 defining the term “public safety radio”; providing for 15 future legislative review and repeal of the 16 exemptions; amending s. 286.0113, F.S.; providing an 17 exemption from public meetings requirements for 18 portions of meetings that would reveal certain 19 documents depicting the structural elements of certain 20 911, E911, or public safety radio communication system 21 infrastructure, structures, or facilities, or 22 geographical maps indicating the locations or proposed 23 locations of certain 911, E911, or public safety radio 24 communication system infrastructure, structures, or 25 facilities; requiring the recording and transcription 26 of exempt portions of such meetings; providing an 27 exemption from public records requirements for such 28 recordings and transcripts; providing an exception; 29 defining the term “public safety radio”; providing for 30 future legislative review and repeal of the exemption; 31 providing a statement of public necessity; providing 32 an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Paragraph (e) is added to subsection (3) of 37 section 119.071, Florida Statutes, to read: 38 119.071 General exemptions from inspection or copying of 39 public records.— 40 (3) SECURITY AND FIRESAFETY.— 41 (e)1.a. Building plans, blueprints, schematic drawings, and 42 diagrams, including draft, preliminary, and final formats, which 43 depict the structural elements of 911, E911, or public safety 44 radio communication system infrastructure, including towers, 45 antennae, equipment or facilities used to provide 911, E911, or 46 public safety radio communication services, or other 911, E911, 47 or public safety radio communication structures or facilities 48 owned and operated by an agency are exempt from s. 119.07(1) and 49 s. 24(a), Art. I of the State Constitution. 50 b. Geographical maps indicating the actual or proposed 51 locations of 911, E911, or public safety radio communication 52 system infrastructure, including towers, antennae, equipment or 53 facilities used to provide 911, E911, or public safety radio 54 services, or other 911, E911, or public safety radio 55 communication structures or facilities owned and operated by an 56 agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the 57 State Constitution. 58 2. This exemption applies to building plans, blueprints, 59 schematic drawings, and diagrams, including draft, preliminary, 60 and final formats, which depict the structural elements of 911, 61 E911, or public safety radio communication system infrastructure 62 or other 911, E911, or public safety radio communication 63 structures or facilities owned and operated by an agency, and 64 geographical maps indicating actual or proposed locations of 65 911, E911, or public safety radio communication system 66 infrastructure or other 911, E911, or public safety radio 67 communication structures or facilities owned and operated by an 68 agency, before, on, or after the effective date of this act. 69 3. Information made exempt by this paragraph may be 70 disclosed: 71 a. To another governmental entity if disclosure is 72 necessary for the receiving entity to perform its duties and 73 responsibilities; 74 b. To a licensed architect, engineer, or contractor who is 75 performing work on or related to the 911, E911, or public safety 76 radio communication system infrastructure, including towers, 77 antennae, equipment or facilities used to provide 911, E911, or 78 public safety radio communication services, or other 911, E911, 79 or public safety radio communication structures or facilities 80 owned and operated by an agency; or 81 c. Upon a showing of good cause before a court of competent 82 jurisdiction. 83 4. The entities or persons receiving such information must 84 maintain the exempt status of the information. 85 5. For purposes of this paragraph, the term “public safety 86 radio” is defined as the means of communication between and 87 among 911 public safety answering points, dispatchers, and first 88 responder agencies using those portions of the radio frequency 89 spectrum designated by the Federal Communications Commission 90 under 47 C.F.R. 90 for public safety purposes. 91 6. This paragraph is subject to the Open Government Sunset 92 Review Act in accordance with s. 119.15 and shall stand repealed 93 on October 2, 2025, unless reviewed and saved from repeal 94 through reenactment by the Legislature. 95 Section 2. Subsection (4) is added to section 286.0113, 96 Florida Statutes, to read: 97 286.0113 General exemptions from public meetings.— 98 (4)(a) Any portion of a meeting that would reveal building 99 plans, blueprints, schematic drawings, or diagrams, including 100 draft, preliminary, and final formats, which depict the 101 structural elements of 911, E911, or public safety radio 102 communication system infrastructure, including towers, antennae, 103 equipment or facilities used to provide 911, E911, or public 104 safety radio communication services, or other 911, E911, or 105 public safety radio communication structures or facilities made 106 exempt by s. 119.071(3)(e)1.a. is exempt from s. 286.011 and s. 107 24, Art. I of the State Constitution. 108 (b) Any portion of a meeting that would reveal geographical 109 maps indicating the actual or proposed locations of 911, E911, 110 or public safety radio communication system infrastructure, 111 including towers, antennae, equipment or facilities used to 112 provide 911, E911, or public safety radio communication 113 services, or other 911, E911, or public safety radio 114 communication structures or facilities made exempt by s. 115 119.071(3)(e)1.b. is exempt from s. 286.011 and s. 24, Art. I of 116 the State Constitution. 117 (c) No portion of an exempt meeting under paragraphs (a) or 118 (b) may be off the record. All exempt portions of such meeting 119 shall be recorded and transcribed. Such recordings and 120 transcripts are confidential and exempt from disclosure under s. 121 119.07(1) and s. 24(a), Art. I of the State Constitution unless 122 a court of competent jurisdiction, after an in-camera review, 123 determines that the meeting was not restricted to the discussion 124 of the information made exempt by s. 119.071(3)(e)1.a. or b. In 125 the event of such a judicial determination, only that portion of 126 the recording and transcript which reveals nonexempt information 127 may be disclosed to a third party. 128 (d) For purposes of this subsection, the term “public 129 safety radio” is defined as the means of communication between 130 and among 911 public safety answering points, dispatchers, and 131 first responder agencies using those portions of the radio 132 frequency spectrum designated by the Federal Communications 133 Commission under 47 C.F.R. 90 for public safety purposes. 134 (e) This subsection is subject to the Open Government 135 Sunset Review Act in accordance with s. 119.15 and shall stand 136 repealed on October 2, 2025, unless reviewed and saved from 137 repeal through reenactment by the Legislature. 138 Section 3. The Legislature finds that it is a public 139 necessity that building plans, blueprints, schematic drawings, 140 and diagrams, including draft, preliminary, and final formats, 141 which depict the structural elements of 911, E911, or public 142 safety radio communication system infrastructure, including 143 towers, antennae, equipment or facilities used to provide 911, 144 E911, or public safety radio communication services, and other 145 911, E911, or public safety radio communication structures or 146 facilities owned and operated by an agency, and geographical 147 maps indicating the actual or proposed locations of such 148 communication system infrastructure, structures, or facilities 149 should be made exempt from s. 119.07(1), Florida Statutes, and 150 s. 24(a), Article I of the State Constitution to ensure the 151 security of emergency communication infrastructure, structures, 152 and facilities. In addition, the Legislature finds that it is a 153 public necessity that any portion of a meeting revealing such 154 documents and maps that are held by an agency should be made 155 exempt from s. 286.011, Florida Statutes, and s. 24(b), Article 156 I of the State Constitution. Building plans, blueprints, 157 schematic drawings, and diagrams, including draft, preliminary, 158 and final formats, received and held by counties, 159 municipalities, and other governmental agencies that depict the 160 structural elements of 911, E911, or public safety radio 161 communication system infrastructure, structures, and facilities 162 are currently subject to release as public records upon request. 163 Similarly, geographical maps showing the present or proposed 164 locations of such 911, E911, or public safety radio 165 communication system infrastructure, structures, and facilities 166 that are in the possession of counties, municipalities, and 167 other governmental agencies are also subject to release as 168 public records upon request. Counties, municipalities, and other 169 governmental agencies may review the building plans or 170 geographical maps to ensure compliance with land development 171 regulations, building codes, agency rules, and standards to 172 protect the public health and safety. These building plans 173 include diagrams and schematic drawings of emergency 174 communication systems, electrical systems, and other physical 175 plant and security details which depict the structural elements 176 of such emergency communications facilities and structures. 911, 177 E911, and public safety radio communication facilities, 178 including towers and antennae, are a vital link in the chain of 179 survival. Such critical infrastructure must be protected as any 180 disruption during an active shooter or other terror event is 181 very likely to result in greater loss of life and property 182 damage. To function properly, towers and antennae need to be 183 visible, increasing the security risk of such facilities. 184 Because architectural and engineering plans reviewed and held by 185 counties, municipalities, and other government agencies include 186 information about towers, equipment, ancillary facilities, 187 critical systems, and restricted areas, these plans could be 188 used by criminals or terrorists to examine the physical plant 189 for vulnerabilities. Information contained in these documents 190 could aid in the planning of, training for, and execution of 191 criminal actions, including cybercrime, arson, and terrorism. 192 Consequently, the Legislature finds that it is a public 193 necessity to exempt such information from public records 194 requirements to reduce exposure to security threats and protect 195 the public. 196 Section 4. This act shall take effect upon becoming a law.