Florida 2025 Regular Session

Florida House Bill H7009 Latest Draft

Bill / Comm Sub Version Filed 03/25/2025

                               
 
CS/HB 7009  	2025 
 
 
 
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A bill to be entitled 1 
An act relating to a review under the Open Government 2 
Sunset Review Act; amending s. 119.071, F.S.; 3 
expanding an exemption from public records 4 
requirements for certain components of 911, E911, and 5 
public safety radio communication systems to include 6 
NG911 systems; extending the date for future 7 
legislative review and repeal of the exemption; 8 
amending s. 286.0113, F.S.; expanding an exemption 9 
from public meetings r equirements for certain portions 10 
of meetings that would reveal certain components of 11 
911, E911, and public safety radio communication 12 
systems to include NG911 systems; extending the date 13 
for future legislative review and repeal of the 14 
exemption; providing a statement of public necessity; 15 
providing an effective date. 16 
 17 
Be It Enacted by the Legislature of the State of Florida: 18 
 19 
 Section 1.  Paragraph (e) of subsection (3) of section 20 
119.071, Florida Statutes, is amended to read: 21 
 119.071  General exempti ons from inspection or copying of 22 
public records.— 23 
 (3)  SECURITY AND FIRESAFETY. — 24 
 (e)1.a.  Building plans, blueprints, schematic drawings, 25     
 
CS/HB 7009  	2025 
 
 
 
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and diagrams, including draft, preliminary, and final formats, 26 
which depict the structural elements of 911, E911, NG911, or 27 
public safety radio communication system infrastructure, 28 
including towers, antennas antennae, equipment or facilities 29 
used to provide 911, E911, NG911, or public safety radio 30 
communication services, or other 911, E911, NG911, or public 31 
safety radio communication structures or facilities owned and 32 
operated by an agency are exempt from s. 119.07(1) and s. 24(a), 33 
Art. I of the State Constitution. 34 
 b.  Geographical maps indicating the actual or proposed 35 
locations of 911, E911, NG911, or public safety radio 36 
communication system infrastructure, including towers, antennas 37 
antennae, equipment or facilities used to provide 911, E911, 38 
NG911, or public safety radio services, or other 911, E911, 39 
NG911, or public safety radio communication structures or 40 
facilities owned and operated by an agency are exempt from s. 41 
119.07(1) and s. 24(a), Art. I of the State Constitution. 42 
 2.  This exemption applies to building plans, blueprints, 43 
schematic drawings, and diagrams, including draft, preliminary, 44 
and final formats, wh ich depict the structural elements of 911, 45 
E911, NG911, or public safety radio communication system 46 
infrastructure or other 911, E911, NG911, or public safety radio 47 
communication structures or facilities owned and operated by an 48 
agency, and geographical ma ps indicating actual or proposed 49 
locations of 911, E911, NG911, or public safety radio 50     
 
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communication system infrastructure or other 911, E911, NG911, 51 
or public safety radio communication structures or facilities 52 
owned and operated by an agency, before, on, or after the 53 
effective date of this act. 54 
 3.  Information made exempt by this paragraph may be 55 
disclosed: 56 
 a.  To another governmental entity if disclosure is 57 
necessary for the receiving entity to perform its duties and 58 
responsibilities; 59 
 b.  To a licensed architect, engineer, or contractor who is 60 
performing work on or related to the 911, E911, NG911, or public 61 
safety radio communication system infrastructure, including 62 
towers, antennas antennae, equipment or facilities used to 63 
provide 911, E911, NG911, or public safety radio communication 64 
services, or other 911, E911, NG911, or public safety radio 65 
communication structures or facilities owned and operated by an 66 
agency; or 67 
 c.  Upon a showing of good cause before a court of 68 
competent jurisdiction. 69 
 4.  The entities or persons receiving such information must 70 
maintain the exempt status of the information. 71 
 5.  For purposes of this paragraph, the term "public safety 72 
radio" is defined as the means of communication between and 73 
among 911 public safety answering poi nts, dispatchers, and first 74 
responder agencies using those portions of the radio frequency 75     
 
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spectrum designated by the Federal Communications Commission 76 
under 47 C.F.R. part 90 for public safety purposes. 77 
 6.  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, 2030 2025, unless reviewed and saved from repeal 80 
through reenactment by the Legislature. 81 
 Section 2.  Subsection (4 ) of section 286.0113, Florida 82 
Statutes, is amended 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, E911, NG911, or public safety radio 88 
communication system infrastructure, including towers, antennas 89 
antennae, equipment or facilities used to provide 911, E911, 90 
NG911, or public safety radio communication services, or other 91 
911, E911, NG911, or public safety radio communication 92 
structures or facilities made exempt by s. 119.071(3)(e)1.a. is 93 
exempt from s. 286.011 and s. 24, Art. I of the State 94 
Constitution. 95 
 (b)  Any portion of a meeting that would reveal 96 
geographical maps indicating the actual or proposed locations of 97 
911, E911, NG911, or public safety radio communication system 98 
infrastructure, including towers, antennas antennae, equipment 99 
or facilities used to provide 911, E911, NG911, or public safety 100     
 
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radio communication services, or other 911, E911, NG911, or 101 
public safety radio communication structures or facilities made 102 
exempt by s. 119.071(3)(e)1.b. is exempt from s. 286.011 and s. 103 
24, Art. I of the State Constitution. 104 
 (c)  No portion of an exempt meeting under paragraph (a) or 105 
paragraph (b) may be off the record. All exempt portions of such 106 
meeting shall be recorded and transcribed. Such recordings and 107 
transcripts are confidential and exempt from disclosure under s. 108 
119.07(1) and s. 24( a), Art. I of the State Constitution unless 109 
a court of competent jurisdiction, after an in camera review, 110 
determines that the meeting was not restricted to the discussion 111 
of the information made exempt by s. 119.071(3)(e)1.a. or b. In 112 
the event of such a j udicial determination, only that portion of 113 
the recording and transcript which reveals nonexempt information 114 
may be disclosed to a third party. 115 
 (d)  For purposes of this subsection, the term "public 116 
safety radio" is defined as the means of communication b etween 117 
and among 911 public safety answering points, dispatchers, and 118 
first responder agencies using those portions of the radio 119 
frequency spectrum designated by the Federal Communications 120 
Commission under 47 C.F.R. part 90 for public safety purposes. 121 
 (e) This subsection is subject to the Open Government 122 
Sunset Review Act in accordance with s. 119.15 and shall stand 123 
repealed on October 2, 2030 2025, unless reviewed and saved from 124 
repeal through reenactment by the Legislature. 125     
 
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 Section 3. The Legislature finds that it is a public 126 
necessity that building plans, blueprints, schematic drawings, 127 
and diagrams, including draft, preliminary, and final formats, 128 
which depict the structural elements of 911, E911, NG911, or 129 
public safety radio communi cation system infrastructure, 130 
including towers, antennas, equipment, or facilities used to 131 
provide 911, E911, NG911, or public safety radio communication 132 
services, and other 911, E911, NG911, or public safety radio 133 
communication structures or facilities ow ned and operated by an 134 
agency, and geographical maps indicating the actual or proposed 135 
locations of such communication system infrastructure, 136 
structures, or facilities be made exempt from s. 119.07(1), 137 
Florida Statutes, and s. 24(a), Article I of the State 138 
Constitution to ensure the security of emergency communication 139 
infrastructure, structures, and facilities. The Legislature 140 
finds that it is a public necessity that any portion of a 141 
meeting revealing such documents and maps held by an agency be 142 
made exempt from s. 286.011, Florida Statutes, and s. 24(b), 143 
Article I of the State Constitution. Building plans, blueprints, 144 
schematic drawings, and diagrams, including draft, preliminary, 145 
and final formats, received and held by counties, 146 
municipalities, and other g overnmental agencies which depict the 147 
structural elements of 911, E911, NG911, or public safety radio 148 
communication system infrastructure, structures, and facilities 149 
are currently subject to release as public records upon request. 150     
 
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Similarly, geographical m aps showing the present or proposed 151 
locations of such 911, E911, NG911, or public safety radio 152 
communication system infrastructure, structures, and facilities 153 
which are in the possession of counties, municipalities, and 154 
other governmental agencies are also subject to release as 155 
public records upon request. Counties, municipalities, and other 156 
governmental agencies may review the building plans or 157 
geographical maps to ensure compliance with land development 158 
regulations, building codes, agency rules, and stand ards to 159 
protect the public health and safety. These building plans 160 
include diagrams and schematic drawings of emergency 161 
communication systems, electrical systems, and other physical 162 
plant and security details which depict the structural elements 163 
of such emergency communications facilities and structures. Such 164 
911, E911, NG911, and public safety radio communication 165 
facilities, including towers and antennas, are a vital link in 166 
the chain of survival. This critical infrastructure must be 167 
protected because any disruption during an active shooter or 168 
other terror event is very likely to result in greater loss of 169 
life and property damage. To function properly, towers and 170 
antennas need to be visible, increasing the security risk of 171 
such facilities. Because architect ural and engineering plans 172 
reviewed and held by counties, municipalities, and other 173 
government agencies include information about towers, equipment, 174 
ancillary facilities, critical systems, and restricted areas, 175     
 
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CODING: Words stricken are deletions; words underlined are additions. 
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these plans could be used by criminals or ter rorists to examine 176 
the physical plant for vulnerabilities. Information contained in 177 
these documents could aid in the planning of, training for, and 178 
execution of criminal actions, including cybercrime, arson, and 179 
terrorism. Consequently, the Legislature fin ds that it is a 180 
public necessity to exempt such information from public records 181 
and public meetings requirements to reduce exposure to security 182 
threats and to protect the public.  183 
 Section 4. This act shall take effect upon becoming a law. 184