STORAGE NAME: h7009c.SAC
DATE: 4/2/2025
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 #: CS/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
15 Y, 0 N, As CS
State Affairs
22 Y, 0 N
SUMMARY
Effect of the Bill:
The bill expands an existing public record and public meeting exemption for certain information used in the
planning, building, and maintenance of 911, E911, and other public safety radio communication system
infrastructure to include NG911 system infrastructure. The bill provides that the public record and public meeting
exemptions will repeal on October 2, 2030, unless reviewed and saved from repeal by the Legislature.
Fiscal or Economic Impact:
None.
Extraordinary Vote Required for Passage:
The bill requires a two-thirds vote of the members present and voting in both houses of the Legislature for final
passage.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expands a public record and public meeting exemption for certain records and information related to the
911, E911, and public safety radio communication system infrastructure to include NG911 infrastructure. The
existing public record and public meeting exemption for 911, E911, and public radio communication system
infrastructure information was reviewed pursuant to the Open Government Sunset Act (OGSR Act) and the
exemptions will repeal on October 2, 2025, if this bill does not become law. (Sections 1 and 2)
The bill expands the existing public record exemption to exempt the following records from disclosure:
Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final
formats, which depict the structural elements of NG911 system infrastructure, including towers, antennas,
equipment or facilities used to provide NG911 services, or other NG911 structures or facilities owned and
operated by an agency.
Geographical maps indicating the actual or proposed locations of NG911 system infrastructure, including
towers, antennas, equipment or facilities used to provide NG911 services, or other NG911 structures or
facilities owned and operated by an agency. (Section 1)
This 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,
contractor, or engineer who is performing work on or related to the NG911 infrastructure. Third, it may be
disclosed upon a showing of good cause before a court of competent jurisdiction. (Section 1) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill expands the existing public meeting exemption to include any portion of a meeting that would reveal the
protected records. (Section 2)
Pursuant to the OGSR Act, these exemptions will automatically repeal on October 2, 2030, unless reviewed and
saved from repeal by the Legislature. (Sections 1 and 2)
The bill includes the constitutionally required public necessity statement, in which the Legislature finds that
expanding the current public record and meeting exemptions to include NG911 system infrastructure is necessary
because information that reveals structural elements or locations of NG911 system infrastructure could be
exploited by criminals or terrorists to plan, train for, and execute criminal actions, including cybercrime, arson, and
terrorism, that would disrupt vital functionality of emergency communications systems. (Section 3)
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and voting for final
passage of a newly created or expanded public record or meeting exemption. The bill expands the current public
record and meeting exemptions; thus, it requires a two-thirds vote for final passage.
The bill will become effective upon becoming a law. (Section 4)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Public Records and Public Meetings
The Florida Constitution sets forth the state’s public policy regarding access to government records and meetings.
Article I, s. 24(a) of the Florida Constitution guarantees every person the right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. Article I, s. 24(b) of the Florida Constitution
provides that all meetings of any collegial public body of the executive branch of state government or any collegial
public body of a county, municipality, school district, or special district, at which official acts are to be taken or at
which public business of such body is to be transacted or discussed, must be open and noticed to the public. The
Legislature, however, may provide by general law an exemption from public record or public meeting
requirements provided that the exemption passes by a two-thirds vote of each chamber, states with specificity the
public necessity justifying the exemption, and is no broader than necessary to meet its public purpose.
1
Public Records
The Florida Statutes also address the public policy regarding access to government records. Section 119.01(1), F.S.,
guarantees every person the right to inspect and copy any state, county, or municipal record, unless the record is
exempt.
Public Meetings
The Florida Statutes also address the public policy regarding access to government records. Section 286.011(1),
F.S., further requires all meetings of any board or commission of any state agency or authority, or of any agency or
authority of any county, municipality, or political subdivision, at which official acts are to be taken be open to the
public at all times, unless the meeting is exempt. The board or commission must provide reasonable notice of all
public meetings.
2 Minutes of a public meeting must be promptly recorded and open to public inspection.
3
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act)
4 provides that a public record or public meeting exemption
may be created, revised, or maintained only if it serves an identifiable public purpose and the Legislature finds that
the purpose is sufficiently compelling to override the strong public policy of open government and cannot be
1
Art. I, s. 24(c), FLA. CONST.
2
S. 286.011(1), F.S.
3
S. 286.011(2), F.S.
4
S. 119.15, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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accomplished without the exemption.
5 An identifiable public purpose is served if the exemption meets one of the
following purposes:
Allows the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption;
Protects 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; or
Protects trade or business secrets.
6
The OGSR Act sets forth a legislative review process for newly created or substantially amended public record or
public meeting exemptions. It requires the automatic repeal of an exemption on October 2
nd of the fifth year after
the creation or substantial amendment of the exemption, unless the Legislature reenacts the exemption.
7
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.
8 Basic 911 service was established statewide in 1997.
9 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.
10
In 2007, Florida’s wireless 911 board transitioned to the E911 board with the intent of implementing enhanced
911 services.
11 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.
12 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.
13
NG911
Next Generation 911 (NG911) is the next iteration of emergency number services, allowing for the transmission
and reception of voice, text, and data inputs, including photos and videos.
14 NG911 services are live in 35 Florida
counties and under implementation in the other 22 Florida counties.
15
Existing Public Record and Meeting Exemptions
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.
16 Specifically, the public record exemption provides that the following records are exempt
17 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
5
S. 119.15(6)(b), F.S.
6
Id.
7
S. 119.15(3), F.S.
8
Department of Management Services, Florida Emergency Communications Board (last visited Mar. 14, 2025).
9
Id.
10
Id.
11
Id.
12
Id.
13
Department of Management Services, Florida Text-to-911 Status (by county) (last visited Mar. 14, 2025).
14
Department of Management Services, Next Generation 911 (last visited Mar. 26, 2025).
15
Department of Management Services, Florida Next Generation 911 Status (by county) (last visited Mar. 26, 2025).
16
S. 119.071(3)(e), F.S.
17
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 JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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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.
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,
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.
18 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
19 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.
20
Pursuant to the OGSR Act, these exemptions will repeal on October 2, 2025, unless saved from repeal by the
Legislature.
During the 2024 interim, House and Senate staff jointly sent a survey requesting information concerning the
existing 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 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).
18
S. 286.0113(4), F.S.
19
Article I, s. 24(c), FLA. CONST., requires each public record or public meeting exemption to “state with specificity the public
necessity justifying the exemption.”
20
Ch. 2020-13, L.O.F. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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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
15 Y, 0 N, As CS 3/25/2025 Keating Keating
THE CHANGES ADOPTED BY THE
COMMITTEE:
Expanded existing 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 to include NG911 system
infrastructure.
State Affairs Committee 22 Y, 0 N 3/25/2025 Williamson Toliver
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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