Florida Senate - 2018                                     SB 906
       By Senator Young
       18-01051-18                                            2018906__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for building plans, blueprints,
    5         schematic drawings, and diagrams held by an agency
    6         which depict the internal layout or structural
    7         elements of certain health care facilities; providing
    8         for future legislative review and repeal of the
    9         exemption; providing a statement of public necessity;
   10         providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (c) of subsection (3) of section
   15  119.071, Florida Statutes, is amended to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (3) SECURITY.—
   19         (c)1. Building plans, blueprints, schematic drawings, and
   20  diagrams, including draft, preliminary, and final formats, which
   21  depict the internal layout or structural elements of an
   22  attractions and recreation facility, entertainment or resort
   23  complex, industrial complex, retail and service development,
   24  office development, health care facility, or hotel or motel
   25  development, which records are held by an agency are exempt from
   26  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   27         2. This exemption applies to any such records held by an
   28  agency before, on, or after the effective date of this act.
   29         3. Information made exempt by this paragraph may be
   30  disclosed to another governmental entity if disclosure is
   31  necessary for the receiving entity to perform its duties and
   32  responsibilities; to the owner or owners of the structure in
   33  question or the owner’s legal representative; or upon a showing
   34  of good cause before a court of competent jurisdiction.
   35         4. This paragraph does not apply to comprehensive plans or
   36  site plans, or amendments thereto, which are submitted for
   37  approval or which have been approved under local land
   38  development regulations, local zoning regulations, or
   39  development-of-regional-impact review.
   40         5. As used in this paragraph, the term:
   41         a. “Attractions and recreation facility” means any sports,
   42  entertainment, amusement, or recreation facility, including, but
   43  not limited to, a sports arena, stadium, racetrack, tourist
   44  attraction, amusement park, or pari-mutuel facility that:
   45         (I) For single-performance facilities:
   46         (A) Provides single-performance facilities; or
   47         (B) Provides more than 10,000 permanent seats for
   48  spectators.
   49         (II) For serial-performance facilities:
   50         (A) Provides parking spaces for more than 1,000 motor
   51  vehicles; or
   52         (B) Provides more than 4,000 permanent seats for
   53  spectators.
   54         b. “Entertainment or resort complex” means a theme park
   55  comprised of at least 25 acres of land with permanent
   56  exhibitions and a variety of recreational activities, which has
   57  at least 1 million visitors annually who pay admission fees
   58  thereto, together with any lodging, dining, and recreational
   59  facilities located adjacent to, contiguous to, or in close
   60  proximity to the theme park, as long as the owners or operators
   61  of the theme park, or a parent or related company or subsidiary
   62  thereof, has an equity interest in the lodging, dining, or
   63  recreational facilities or is in privity therewith. Close
   64  proximity includes an area within a 5-mile radius of the theme
   65  park complex.
   66         c. “Industrial complex” means any industrial,
   67  manufacturing, processing, distribution, warehousing, or
   68  wholesale facility or plant, as well as accessory uses and
   69  structures, under common ownership that:
   70         (I) Provides onsite parking for more than 250 motor
   71  vehicles;
   72         (II) Encompasses 500,000 square feet or more of gross floor
   73  area; or
   74         (III) Occupies a site of 100 acres or more, but excluding
   75  wholesale facilities or plants that primarily serve or deal
   76  onsite with the general public.
   77         d. “Retail and service development” means any retail,
   78  service, or wholesale business establishment or group of
   79  establishments which deals primarily with the general public
   80  onsite and is operated under one common property ownership,
   81  development plan, or management that:
   82         (I) Encompasses more than 400,000 square feet of gross
   83  floor area; or
   84         (II) Provides parking spaces for more than 2,500 motor
   85  vehicles.
   86         e. “Office development” means any office building or park
   87  operated under common ownership, development plan, or management
   88  that encompasses 300,000 or more square feet of gross floor
   89  area.
   90         f.“Health care facility” means a hospital, ambulatory
   91  surgical center, nursing home, hospice, or intermediate care
   92  facility for the developmentally disabled.
   93         g.f. “Hotel or motel development” means any hotel or motel
   94  development that accommodates 350 or more units.
   95         6.This paragraph is subject to the Open Government Sunset
   96  Review Act in accordance with s. 119.15 and shall stand repealed
   97  on October 2, 2023, unless reviewed and saved from repeal
   98  through reenactment by the Legislature.
   99         Section 2. The Legislature finds that it is a public
  100  necessity that the building plans, blueprints, schematic
  101  drawings, and diagrams of a health care facility should remain
  102  confidential to ensure the safety of the health care facility’s
  103  staff, patients, and visitors. The Agency for Health Care
  104  Administration reviews the building plans of proposed health
  105  care facility construction to ensure compliance with health care
  106  rules, codes, and standards in order to protect the public
  107  health and safety. Schematics, preliminary plans, and
  108  construction documents received by the agency and other
  109  governmental agencies for hospitals, ambulatory surgical
  110  centers, nursing homes, hospices, and intermediate care
  111  facilities for the developmentally disabled are currently
  112  subject to release as public records and subject to release upon
  113  request. These plans include building floor plans, communication
  114  systems, medical gas systems, electrical systems, emergency
  115  generators, and other physical plant and security details.
  116  Recent security threats have been shared by state and federal
  117  security and emergency preparedness officials which describe the
  118  targeting of health care facilities by terrorists. Because
  119  architectural and engineering plans reviewed and held by
  120  governmental agencies include information regarding emergency
  121  egress, locking arrangements, critical life safety systems, and
  122  restricted areas, these plans could be used by criminals or
  123  terrorists to examine the physical plant for vulnerabilities.
  124  Information contained in these documents could aid in the
  125  planning of, training for, and execution of criminal actions
  126  including infant abduction, cybercrime, arson, and terrorism.
  127  Consequently, the Legislature finds that the public records
  128  exemption created by this act is a public necessity to reduce
  129  exposure to security threats and protect the public.
  130         Section 3. This act shall take effect upon becoming a law.