FL
Florida House Bill H7009

Florida 2025 Regular Session

Florida House Bill H7009 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to a review under the Open Government 2
16-Sunset Review Act; amending s. 119.071, F.S.; 3
17-expanding an exemption from public records 4
18-requirements for certain components of 911, E911, and 5
19-public safety radio communication systems to include 6
20-NG911 systems; extending the date for future 7
21-legislative review and repeal of the exemption; 8
22-amending s. 286.0113, F.S.; expanding an exemption 9
23-from public meetings r equirements for certain portions 10
24-of meetings that would reveal certain components of 11
25-911, E911, and public safety radio communication 12
26-systems to include NG911 systems; extending the date 13
27-for future legislative review and repeal of the 14
28-exemption; providing a statement of public necessity; 15
29-providing an effective date. 16
30- 17
31-Be It Enacted by the Legislature of the State of Florida: 18
32- 19
33- Section 1. Paragraph (e) of subsection (3) of section 20
34-119.071, Florida Statutes, is amended to read: 21
35- 119.071 General exempti ons from inspection or copying of 22
36-public records.— 23
37- (3) SECURITY AND FIRESAFETY. — 24
38- (e)1.a. Building plans, blueprints, schematic drawings, 25
16+Sunset Review Act; amending s. 119.071, F.S., which 3
17+provides an exemption from public record requirements 4
18+for certain documents which depict the structural 5
19+elements of certain 911, E911, or public safety radio 6
20+communication system infrastructure, structures, or 7
21+facilities, as well as geographical maps indicating 8
22+the actual or proposed locations of certain 911, E911, 9
23+or public safety radio communication infrastructure, 10
24+structures, or facilities; removing the scheduled 11
25+repeal of the exemption; amending s. 286.0113, F.S., 12
26+which provides an exemption from public meeting 13
27+requirements for portions of meetings that wo uld 14
28+reveal certain documents depicting the structural 15
29+elements of 911, E911, or public safety radio 16
30+communication system infrastructure, structures, or 17
31+facilities, or geographical maps indicating the 18
32+locations or proposed locations of 911, E911, or 19
33+public safety radio communication system 20
34+infrastructure, structures, or facilities, as well an 21
35+exemption from public record requirements for the 22
36+recording and transcription of the exempt portion of 23
37+such meetings; removing the scheduled repeal of the 24
38+exemptions; providing an effective date. 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-and diagrams, including draft, preliminary, and final formats, 26
52-which depict the structural elements of 911, E911, NG911, or 27
53-public safety radio communication system infrastructure, 28
54-including towers, antennas antennae, equipment or facilities 29
55-used to provide 911, E911, NG911, or public safety radio 30
56-communication services, or other 911, E911, NG911, or public 31
57-safety radio communication structures or facilities owned and 32
58-operated by an agency are exempt from s. 119.07(1) and s. 24(a), 33
59-Art. I of the State Constitution. 34
60- b. Geographical maps indicating the actual or proposed 35
61-locations of 911, E911, NG911, or public safety radio 36
62-communication system infrastructure, including towers, antennas 37
63-antennae, equipment or facilities used to provide 911, E911, 38
64-NG911, or public safety radio services, or other 911, E911, 39
65-NG911, or public safety radio communication structures or 40
66-facilities owned and operated by an agency are exempt from s. 41
67-119.07(1) and s. 24(a), Art. I of the State Constitution. 42
68- 2. This exemption applies to building plans, blueprints, 43
69-schematic drawings, and diagrams, including draft, preliminary, 44
70-and final formats, wh ich depict the structural elements of 911, 45
71-E911, NG911, or public safety radio communication system 46
72-infrastructure or other 911, E911, NG911, or public safety radio 47
73-communication structures or facilities owned and operated by an 48
74-agency, and geographical ma ps indicating actual or proposed 49
75-locations of 911, E911, NG911, or public safety radio 50
51+ 26
52+Be It Enacted by the Legislature of the State of Florida: 27
53+ 28
54+ Section 1. Paragraph (e) of subsection (3) of section 29
55+119.071, Florida Statutes, is amended to read: 30
56+ 119.071 General exemptions from inspection or copying of 31
57+public records.— 32
58+ (3) SECURITY AND FIRESAFETY. — 33
59+ (e)1.a. Building plans, blueprints, schematic drawings, 34
60+and diagrams, including draft, preliminary, and final formats, 35
61+which depict the structural elements of 911, E911, or public 36
62+safety radio communicatio n system infrastructure, including 37
63+towers, antennas antennae, equipment or facilities used to 38
64+provide 911, E911, or public safety radio communication 39
65+services, or other 911, E911, or public safety radio 40
66+communication structures or facilities owned and oper ated by an 41
67+agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the 42
68+State Constitution. 43
69+ b. Geographical maps indicating the actual or proposed 44
70+locations of 911, E911, or public safety radio communication 45
71+system infrastructure, including towers, antennas antennae, 46
72+equipment or facilities used to provide 911, E911, or public 47
73+safety radio services, or other 911, E911, or public safety 48
74+radio communication structures or facilities owned and operated 49
75+by an agency are exempt from s. 119.07(1) and s. 24(a) , Art. I 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-communication system infrastructure or other 911, E911, NG911, 51
89-or public safety radio communication structures or facilities 52
90-owned and operated by an agency, before, on, or after the 53
91-effective date of this act. 54
92- 3. Information made exempt by this paragraph may be 55
93-disclosed: 56
94- a. To another governmental entity if disclosure is 57
95-necessary for the receiving entity to perform its duties and 58
96-responsibilities; 59
97- b. To a licensed architect, engineer, or contractor who is 60
98-performing work on or related to the 911, E911, NG911, or public 61
99-safety radio communication system infrastructure, including 62
100-towers, antennas antennae, equipment or facilities used to 63
101-provide 911, E911, NG911, or public safety radio communication 64
102-services, or other 911, E911, NG911, or public safety radio 65
103-communication structures or facilities owned and operated by an 66
104-agency; or 67
105- c. Upon a showing of good cause before a court of 68
106-competent jurisdiction. 69
107- 4. The entities or persons receiving such information must 70
108-maintain the exempt status of the information. 71
109- 5. For purposes of this paragraph, the term "public safety 72
110-radio" is defined as the means of communication between and 73
111-among 911 public safety answering poi nts, dispatchers, and first 74
112-responder agencies using those portions of the radio frequency 75
88+of the State Constitution. 51
89+ 2. This exemption applies to building plans, blueprints, 52
90+schematic drawings, and diagrams, including draft, preliminary, 53
91+and final formats, which depict the structural elements of 911, 54
92+E911, or public safety radio comm unication system infrastructure 55
93+or other 911, E911, or public safety radio communication 56
94+structures or facilities owned and operated by an agency, and 57
95+geographical maps indicating actual or proposed locations of 58
96+911, E911, or public safety radio communicat ion system 59
97+infrastructure or other 911, E911, or public safety radio 60
98+communication structures or facilities owned and operated by an 61
99+agency, before, on, or after the effective date of this act. 62
100+ 3. Information made exempt by this paragraph may be 63
101+disclosed: 64
102+ a. To another governmental entity if disclosure is 65
103+necessary for the receiving entity to perform its duties and 66
104+responsibilities; 67
105+ b. To a licensed architect, engineer, or contractor who is 68
106+performing work on or related to the 911, E911, or public sa fety 69
107+radio communication system infrastructure, including towers, 70
108+antennas antennae, equipment or facilities used to provide 911, 71
109+E911, or public safety radio communication services, or other 72
110+911, E911, or public safety radio communication structures or 73
111+facilities owned and operated by an agency; or 74
112+ c. Upon a showing of good cause before a court of 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-spectrum designated by the Federal Communications Commission 76
126-under 47 C.F.R. part 90 for public safety purposes. 77
127- 6. This paragraph is subject to the Open Government Sunset 78
128-Review Act in accordance with s. 119.15 and shall stand repealed 79
129-on October 2, 2030 2025, unless reviewed and saved from repeal 80
130-through reenactment by the Legislature. 81
131- Section 2. Subsection (4 ) of section 286.0113, Florida 82
132-Statutes, is amended to read: 83
133- 286.0113 General exemptions from public meetings. — 84
134- (4)(a) Any portion of a meeting that would reveal building 85
135-plans, blueprints, schematic drawings, or diagrams, including 86
136-draft, preliminary, and final formats, which depict the 87
137-structural elements of 911, E911, NG911, or public safety radio 88
138-communication system infrastructure, including towers, antennas 89
139-antennae, equipment or facilities used to provide 911, E911, 90
140-NG911, or public safety radio communication services, or other 91
141-911, E911, NG911, or public safety radio communication 92
142-structures or facilities made exempt by s. 119.071(3)(e)1.a. is 93
143-exempt from s. 286.011 and s. 24, Art. I of the State 94
144-Constitution. 95
145- (b) Any portion of a meeting that would reveal 96
146-geographical maps indicating the actual or proposed locations of 97
147-911, E911, NG911, or public safety radio communication system 98
148-infrastructure, including towers, antennas antennae, equipment 99
149-or facilities used to provide 911, E911, NG911, or public safety 100
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158-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-radio communication services, or other 911, E911, NG911, or 101
163-public safety radio communication structures or facilities made 102
164-exempt by s. 119.071(3)(e)1.b. is exempt from s. 286.011 and s. 103
165-24, Art. I of the State Constitution. 104
166- (c) No portion of an exempt meeting under paragraph (a) or 105
167-paragraph (b) may be off the record. All exempt portions of such 106
168-meeting shall be recorded and transcribed. Such recordings and 107
169-transcripts are confidential and exempt from disclosure under s. 108
170-119.07(1) and s. 24( a), Art. I of the State Constitution unless 109
171-a court of competent jurisdiction, after an in camera review, 110
172-determines that the meeting was not restricted to the discussion 111
173-of the information made exempt by s. 119.071(3)(e)1.a. or b. In 112
174-the event of such a j udicial determination, only that portion of 113
175-the recording and transcript which reveals nonexempt information 114
176-may be disclosed to a third party. 115
177- (d) For purposes of this subsection, the term "public 116
178-safety radio" is defined as the means of communication b etween 117
179-and among 911 public safety answering points, dispatchers, and 118
180-first responder agencies using those portions of the radio 119
181-frequency spectrum designated by the Federal Communications 120
182-Commission under 47 C.F.R. part 90 for public safety purposes. 121
183- (e) This subsection is subject to the Open Government 122
184-Sunset Review Act in accordance with s. 119.15 and shall stand 123
185-repealed on October 2, 2030 2025, unless reviewed and saved from 124
186-repeal through reenactment by the Legislature. 125
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195-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199- Section 3. The Legislature finds that it is a public 126
200-necessity that building plans, blueprints, schematic drawings, 127
201-and diagrams, including draft, preliminary, and final formats, 128
202-which depict the structural elements of 911, E911, NG911, or 129
203-public safety radio communi cation system infrastructure, 130
204-including towers, antennas, equipment, or facilities used to 131
205-provide 911, E911, NG911, or public safety radio communication 132
206-services, and other 911, E911, NG911, or public safety radio 133
207-communication structures or facilities ow ned and operated by an 134
208-agency, and geographical maps indicating the actual or proposed 135
209-locations of such communication system infrastructure, 136
210-structures, or facilities be made exempt from s. 119.07(1), 137
211-Florida Statutes, and s. 24(a), Article I of the State 138
212-Constitution to ensure the security of emergency communication 139
213-infrastructure, structures, and facilities. The Legislature 140
214-finds that it is a public necessity that any portion of a 141
215-meeting revealing such documents and maps held by an agency be 142
216-made exempt from s. 286.011, Florida Statutes, and s. 24(b), 143
217-Article I of the State Constitution. Building plans, blueprints, 144
218-schematic drawings, and diagrams, including draft, preliminary, 145
219-and final formats, received and held by counties, 146
220-municipalities, and other g overnmental agencies which depict the 147
221-structural elements of 911, E911, NG911, or public safety radio 148
222-communication system infrastructure, structures, and facilities 149
223-are currently subject to release as public records upon request. 150
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232-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-Similarly, geographical m aps showing the present or proposed 151
237-locations of such 911, E911, NG911, or public safety radio 152
238-communication system infrastructure, structures, and facilities 153
239-which are in the possession of counties, municipalities, and 154
240-other governmental agencies are also subject to release as 155
241-public records upon request. Counties, municipalities, and other 156
242-governmental agencies may review the building plans or 157
243-geographical maps to ensure compliance with land development 158
244-regulations, building codes, agency rules, and stand ards to 159
245-protect the public health and safety. These building plans 160
246-include diagrams and schematic drawings of emergency 161
247-communication systems, electrical systems, and other physical 162
248-plant and security details which depict the structural elements 163
249-of such emergency communications facilities and structures. Such 164
250-911, E911, NG911, and public safety radio communication 165
251-facilities, including towers and antennas, are a vital link in 166
252-the chain of survival. This critical infrastructure must be 167
253-protected because any disruption during an active shooter or 168
254-other terror event is very likely to result in greater loss of 169
255-life and property damage. To function properly, towers and 170
256-antennas need to be visible, increasing the security risk of 171
257-such facilities. Because architect ural and engineering plans 172
258-reviewed and held by counties, municipalities, and other 173
259-government agencies include information about towers, equipment, 174
260-ancillary facilities, critical systems, and restricted areas, 175
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269-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-these plans could be used by criminals or ter rorists to examine 176
274-the physical plant for vulnerabilities. Information contained in 177
275-these documents could aid in the planning of, training for, and 178
276-execution of criminal actions, including cybercrime, arson, and 179
277-terrorism. Consequently, the Legislature fin ds that it is a 180
278-public necessity to exempt such information from public records 181
279-and public meetings requirements to reduce exposure to security 182
280-threats and to protect the public. 183
281- Section 4. This act shall take effect upon becoming a law. 184
125+competent jurisdiction. 76
126+ 4. The entities or persons receiving such information must 77
127+maintain the exempt status of the information. 78
128+ 5. For purposes of this p aragraph, the term "public safety 79
129+radio" is defined as the means of communication between and 80
130+among 911 public safety answering points, dispatchers, and first 81
131+responder agencies using those portions of the radio frequency 82
132+spectrum designated by the Federal Communications Commission 83
133+under 47 C.F.R. part 90 for public safety purposes. 84
134+ 6. This paragraph is subject to the Open Government Sunset 85
135+Review Act in accordance with s. 119.15 and shall stand repealed 86
136+on October 2, 2025, unless reviewed and saved from repeal 87
137+through reenactment by the Legislature. 88
138+ Section 2. Paragraph (e) of subsection (4) of section 89
139+286.0113, Florida Statutes, is amended to read: 90
140+ 286.0113 General exemptions from public meetings. — 91
141+ (4) 92
142+ (e) This subsection is subject to the Open Government 93
143+Sunset Review Act in accordance with s. 119.15 and shall stand 94
144+repealed on October 2, 2025, unless reviewed and saved from 95
145+repeal through reenactment by the Legislature. 96
146+ Section 3. This act shall take effect October 1, 2025. 97