Florida Senate - 2025 (PROPOSED BILL) SPB 7006 FOR CONSIDERATION By the Committee on Regulated Industries 580-01924A-25 20257006pb 1 A bill to be entitled 2 An act relating to public records and meetings; 3 amending s. 119.071, F.S.; expanding an exemption from 4 public records requirements for certain components of 5 911, E911, and public safety radio communication 6 systems to include NG911 systems; extending the date 7 for future legislative review and repeal of the 8 exemption; amending s. 286.0113, F.S.; expanding an 9 exemption from public meetings requirements for 10 certain portions of meetings that would reveal certain 11 components of 911, E911, and public safety radio 12 communication systems to include NG911 systems; 13 extending the date for future legislative review and 14 repeal of the exemption; providing a statement of 15 public necessity; 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: 21 119.071General exemptions from inspection or copying of 22 public records. 23 (3)SECURITY AND FIRESAFETY. 24 (e)1.a.Building plans, blueprints, schematic drawings, and 25 diagrams, including draft, preliminary, and final formats, which 26 depict the structural elements of 911, E911, NG911, or public 27 safety radio communication system infrastructure, including 28 towers, antennae, equipment or facilities used to provide 911, 29 E911, NG911, or public safety radio communication services, or 30 other 911, E911, NG911, or public safety radio communication 31 structures or facilities owned and operated by an agency are 32 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 33 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, antennae, 37 equipment or facilities used to provide 911, E911, NG911, or 38 public safety radio services, or other 911, E911, NG911, or 39 public safety radio communication structures or facilities owned 40 and operated by an agency are exempt from s. 119.07(1) and s. 41 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, which 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 maps indicating actual or proposed 49 locations of 911, E911, NG911, or public safety radio 50 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, antennae, equipment or facilities used to provide 911, 63 E911, NG911, or public safety radio communication services, or 64 other 911, E911, NG911, or public safety radio communication 65 structures or facilities owned and operated by an agency; or 66 c.Upon a showing of good cause before a court of competent 67 jurisdiction. 68 4.The entities or persons receiving such information must 69 maintain the exempt status of the information. 70 5.For purposes of this paragraph, the term public safety 71 radio is defined as the means of communication between and 72 among 911 public safety answering points, dispatchers, and first 73 responder agencies using those portions of the radio frequency 74 spectrum designated by the Federal Communications Commission 75 under 47 C.F.R. part 90 for public safety purposes. 76 6.This paragraph is subject to the Open Government Sunset 77 Review Act in accordance with s. 119.15 and shall stand repealed 78 on October 2, 2030 2025, unless reviewed and saved from repeal 79 through reenactment by the Legislature. 80 Section 2.Subsection (4) of section 286.0113, Florida 81 Statutes, is amended to read: 82 286.0113General exemptions from public meetings. 83 (4)(a)Any portion of a meeting that would reveal building 84 plans, blueprints, schematic drawings, or diagrams, including 85 draft, preliminary, and final formats, which depict the 86 structural elements of 911, E911, NG911, or public safety radio 87 communication system infrastructure, including towers, antennae, 88 equipment or facilities used to provide 911, E911, NG911, or 89 public safety radio communication services, or other 911, E911, 90 NG911, or public safety radio communication structures or 91 facilities made exempt by s. 119.071(3)(e)1.a. is exempt from s. 92 286.011 and s. 24, Art. I of the State Constitution. 93 (b)Any portion of a meeting that would reveal geographical 94 maps indicating the actual or proposed locations of 911, E911, 95 NG911, or public safety radio communication system 96 infrastructure, including towers, antennae, equipment or 97 facilities used to provide 911, E911, NG911, or public safety 98 radio communication services, or other 911, E911, NG911, or 99 public safety radio communication structures or facilities made 100 exempt by s. 119.071(3)(e)1.b. is exempt from s. 286.011 and s. 101 24, Art. I of the State Constitution. 102 (c)No portion of an exempt meeting under paragraph (a) or 103 paragraph (b) may be off the record. All exempt portions of such 104 meeting shall be recorded and transcribed. Such recordings and 105 transcripts are confidential and exempt from disclosure under s. 106 119.07(1) and s. 24(a), Art. I of the State Constitution unless 107 a court of competent jurisdiction, after an in camera review, 108 determines that the meeting was not restricted to the discussion 109 of the information made exempt by s. 119.071(3)(e)1.a. or b. In 110 the event of such a judicial determination, only that portion of 111 the recording and transcript which reveals nonexempt information 112 may be disclosed to a third party. 113 (d)For purposes of this subsection, the term public 114 safety radio is defined as the means of communication between 115 and among 911 public safety answering points, dispatchers, and 116 first responder agencies using those portions of the radio 117 frequency spectrum designated by the Federal Communications 118 Commission under 47 C.F.R. part 90 for public safety purposes. 119 (e)This subsection is subject to the Open Government 120 Sunset Review Act in accordance with s. 119.15 and shall stand 121 repealed on October 2, 2030 2025, unless reviewed and saved from 122 repeal through reenactment by the Legislature. 123 Section 3.The Legislature finds that it is a public 124 necessity that building plans, blueprints, schematic drawings, 125 and diagrams, including draft, preliminary, and final formats, 126 which depict the structural elements of 911, E911, NG911, or 127 public safety radio communication system infrastructure, 128 including towers, antennae, equipment, or facilities used to 129 provide 911, E911, NG911, or public safety radio communication 130 services, and other 911, E911, NG911, or public safety radio 131 communication structures or facilities owned and operated by an 132 agency, and geographical maps indicating the actual or proposed 133 locations of such communication system infrastructure, 134 structures, or facilities be made exempt from s. 119.07(1), 135 Florida Statutes, and s. 24(a), Article I of the State 136 Constitution to ensure the security of emergency communication 137 infrastructure, structures, and facilities. The Legislature 138 finds that it is a public necessity that any portion of a 139 meeting revealing such documents and maps held by an agency be 140 made exempt from s. 286.011, Florida Statutes, and s. 24(b), 141 Article I of the State Constitution. Building plans, blueprints, 142 schematic drawings, and diagrams, including draft, preliminary, 143 and final formats, received and held by counties, 144 municipalities, and other governmental agencies which depict the 145 structural elements of 911, E911, NG911, or public safety radio 146 communication system infrastructure, structures, and facilities 147 are currently subject to release as public records upon request. 148 Similarly, geographical maps showing the present or proposed 149 locations of such 911, E911, NG911, or public safety radio 150 communication system infrastructure, structures, and facilities 151 which are in the possession of counties, municipalities, and 152 other governmental agencies are also subject to release as 153 public records upon request. Counties, municipalities, and other 154 governmental agencies may review the building plans or 155 geographical maps to ensure compliance with land development 156 regulations, building codes, agency rules, and standards to 157 protect the public health and safety. These building plans 158 include diagrams and schematic drawings of emergency 159 communication systems, electrical systems, and other physical 160 plant and security details which depict the structural elements 161 of such emergency communications facilities and structures. Such 162 911, E911, NG911, and public safety radio communication 163 facilities, including towers and antennae, are a vital link in 164 the chain of survival. This critical infrastructure must be 165 protected because any disruption during an active shooter or 166 other terror event is very likely to result in greater loss of 167 life and property damage. To function properly, towers and 168 antennae need to be visible, increasing the security risk of 169 such facilities. Because architectural and engineering plans 170 reviewed and held by counties, municipalities, and other 171 government agencies include information about towers, equipment, 172 ancillary facilities, critical systems, and restricted areas, 173 these plans could be used by criminals or terrorists to examine 174 the physical plant for vulnerabilities. Information contained in 175 these documents could aid in the planning of, training for, and 176 execution of criminal actions, including cybercrime, arson, and 177 terrorism. Consequently, the Legislature finds that it is a 178 public necessity to exempt such information from public records 179 and public meetings requirements to reduce exposure to security 180 threats and to protect the public. 181 Section 4.This act shall take effect upon becoming a law.