STORAGE NAME: h7009.EIS
DATE: 3/21/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 7009 PCB GOS 25-04
TITLE: OGSR/Public Safety Communication Systems
SPONSOR(S): Government Operations Subcommittee,
Conerly
COMPANION BILL: SB 7006
LINKED BILLS: None
RELATED BILLS: None
Committee References
Orig. Comm.: Government
Operations
17 Y, 0 N
Economic Infrastructure
State Affairs
SUMMARY
Effect of the Bill:
The bill saves from repeal the public record and public meeting exemptions that protect from disclosure documents
used in the planning, building, and maintenance of 911, E911, and other public safety radio communication system
infrastructure. The public record and public meeting exemptions will repeal on October 2, 2025, if this bill does not
become law.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill removes the scheduled repeal, created pursuant to the Open Government Sunset Review Act (OGSR Act), of
the public record and public meeting exemptions that protect from disclosure certain records that identify the
design, scope, and location of 911, E911, or public safety radio communication system infrastructure owned and
operated by an agency. The exemptions will repeal on October 2, 2025, if the bill does not become a law. (Section
1)
The effective date of the bill is October 1, 2025. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act)
1 sets forth a legislative review process for newly created or
substantially amended public record or public meeting exemptions. It requires an automatic repeal of the
exemption on October 2
nd of the fifth year after creation or substantial amendment, unless the Legislature reenacts
the exemption.
2
The OGSR Act provides that a public record or public meeting exemption may be created or maintained only if it
serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one of the
following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption.
1
S. 119.15, F.S.
2
S. 119.15(3), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Protect sensitive personal information that, if released, would be defamatory or would jeopardize an
individual’s safety; however, only the identity of an individual may be exempted under this provision.
Protect trade or business secrets.
3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded, then a public necessity
statement and a two-thirds vote for passage are required. If the exemption is reenacted with grammatical or
stylistic changes that do not expand the exemption, if the exemption is narrowed, or if an exception to the
exemption is created, then a public necessity statement and a two-thirds vote are not required.
4
911 and E911
Since 1973, the state of Florida, in conjunction with Florida’s counties, has funded technological advancements in
statewide emergency number systems for emergency communications between citizens and visitors and
emergency services.
5 Basic 911 service was established statewide in 1997.
6 In 2005, wireline enhanced 911 (E911)
service was implemented in all of Florida’s 67 counties to obtain a 911 caller’s telephone number and address.
7 In
2007, Florida’s wireless 911 board transitioned to the E911 Board with the intent of implementing enhanced 911
services.
8 Phase I of the enhanced services provided call back numbers and the location of cell sites utilized for
making the call into 911; Phase II provided location information for the actual cellular caller. These enhancements
were completed March 31, 2008.
9 Currently, Florida’s counties are working on technical, funding, and deployment
issues in an effort to provide statewide text-to-911 services. As of February 2025, 64 of Florida’s 67 counties offer
text-to-911 service.
10
Public Record Exemption under Review
In 2020, the Legislature created a public record exemption for specific records that identify the design, scope, and
location of 911, E911, or public safety radio communication system infrastructure owned and operated by an
agency.
11 Specifically, the public record exemption provides that the following records are exempt
12 from
disclosure:
Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final
formats, which depict the structural elements of 911, E911, or public safety radio communication system
infrastructure, including towers, antennae, equipment or facilities used to provide 911, E911, or public
safety radio communication services, or other 911, E911, or public safety radio communication structures
or facilities owned and operated by an agency; and
Geographical maps indicating the actual or proposed locations of 911, E911, or public safety radio
communication system infrastructure, including towers, antennae, equipment or facilities used to provide
911, E911, or public safety radio services, or other 911, E911, or public safety radio communication
structures or facilities owned and operated by an agency.
The information may be disclosed in three circumstances, provided that any entity who receives the information
must maintain its exempt status. First, it may be disclosed to another governmental entity if necessary for the
receiving entity to perform its duties and responsibilities. Second, it may be disclosed to a licensed architect,
3
S. 119.15(6)(b), F.S.
4
Art. I, s. 24(c), FLA. CONST.
5
Department of Management Services, Florida Emergency Communications Board (last visited Mar. 14, 2025).
6
Id.
7
Id.
8
Id.
9
Id.
10
Department of Management Services, Florida Text-to-911 Status (by county) (last visited Mar. 14, 2025).
11
S. 119.071(3)(e), F.S.
12
There is a difference between records the Legislature designates exempt from public record requirements and those the
Legislature designates confidential and exempt. A record classified as exempt from public disclosure may be disclosed under
certain circumstances. See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied, 892 So.2d
1015 (Fla. 2004); State v. Wooten, 260 So.3d 1060, 1070 (Fla. 4th DCA 2018); City of Rivera Beach v. Barfield, 642 So.2d 1135
(Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If the Legislature designates a record
as confidential and exempt from public disclosure, such record may not be released by the custodian of public records to
anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04- 09 (2004).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
contractor, or engineer who is performing work on or related to the 911, E911, or public safety radio
communication system infrastructure. Third, it may be disclosed upon a showing of good cause before a court of
competent jurisdiction.
The Legislature also created a public meeting exemption for any portion of a meeting that would reveal the
protected records.
13 All portions of a public meeting that are exempted must be recorded and transcribed. The
recordings and transcripts are confidential and exempt from disclosure as public records except to the extent that
any portion of the recording or transcript is determined by a court of competent jurisdiction, upon review, to
reveal nonexempt data.
The 2020 public necessity statement
14 provided that:
911, E911, and public safety radio communication facilities, including towers and
antennae, are a vital link in the chain of survival. Such critical infrastructure must be
protected as any disruption during an active shooter or other terror event is very
likely to result in greater loss of life and property damage. To function properly,
towers and antennae need to be visible, increasing the security risk of such facilities.
Because architectural and engineering plans reviewed and held by counties,
municipalities, and other government agencies include information about towers,
equipment, ancillary facilities, critical systems, and restricted areas, these plans could
be used by criminals or terrorists to examine the physical plant for vulnerabilities.
Information contained in these documents could aid in the planning of, training for,
and execution of criminal actions, including cybercrime, arson, and terrorism.
Consequently, the Legislature finds that it is a public necessity to exempt such
information from public records requirements to reduce exposure to security threats
and protect the public.
15
Pursuant to the OGSR Act, the exemption will repeal on October 2, 2025, unless reenacted by the Legislature.
During the 2024 interim, House and Senate staff jointly sent a survey requesting information concerning the public
record and public meeting exemptions to Florida’s counties, law enforcement agencies, and 911 dispatchers. A
total of 54 responses were received with the vast majority indicating that the exemptions be reenacted as is.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Orig. Comm.: Government
Operations Subcommittee
17 Y, 0 N 3/18/2025 Toliver Lines
Economic Infrastructure
Subcommittee
Keating Keating
State Affairs Committee
13
S. 286.0113(4), F.S.
14
Art. I, s. 24(c), FLA. CONST., requires each public record exemption to “state with specificity the public necessity justifying the
exemption.”
15
Ch. 2020-13, L.O.F.