Florida Senate - 2025 SB 7006 By the Committee on Regulated Industries 580-02002A-25 20257006__ 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, antennas antennae, equipment or facilities used to 29 provide 911, E911, NG911, or public safety radio communication 30 services, or other 911, E911, NG911, or public safety radio 31 communication structures or facilities owned and operated by an 32 agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the 33 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, 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, 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 competent 68 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 points, dispatchers, and first 74 responder agencies using those portions of the radio frequency 75 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: 83 286.0113General 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 geographical 96 maps indicating the actual or proposed locations of 911, E911, 97 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 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 judicial 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 between 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 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 communication 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 owned 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 governmental 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 Similarly, geographical maps 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 standards 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 architectural 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 these plans could be used by criminals or terrorists 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 finds 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.