HB 0317 2004
1	A bill to be entitled
2	An act relating to public records; amending s. 119.07,
3	F.S.; creating an exemption from public records
4	requirements for building plans, blueprints, schematic
5	drawings, and diagrams held by a public agency and
6	relating to specified facilities, developments, and
7	structures; providing retroactive application of the
8	exemption; providing exceptions; providing definitions;
9	providing for legislative review and repeal; providing a
10	statement of public necessity; providing an effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Paragraphs (ff) and (gg) of subsection (3) of
16	section 119.07, Florida Statutes, are redesignated as paragraphs
17	(gg) and (hh), respectively, and a new paragraph (ff) is added
18	to said subsection, to read:
19	119.07 Inspection, examination, and duplication of
20	records; exemptions.--
21	(3)
22	(ff) Building plans, blueprints, schematic drawings, and
23	diagrams, including draft, preliminary, and final formats, which
24	depict the internal or external layout or structural elements of
25	an attractions and recreation facility, entertainment/resort
26	complex, industrial complex, retail and service development,
27	office development, or hotel or motel development, which
28	documents are held by an agency as defined in s. 119.011, are
29	exempt from the provisions of subsection (1) and s. 24(a), Art.
30	I of the State Constitution. This exemption applies to any such
31	documents held either permanently or temporarily by an agency
32	before or after the effective date of this act. Information made
33	exempt by this paragraph may be disclosed to another
34	governmental entity if disclosure is necessary for the receiving
35	entity to perform its duties and responsibilities; to the owner
36	or owners of the structure in question or the owner's legal
37	representative; or upon a showing of good cause before a court
38	of competent jurisdiction. As used in this paragraph, the term:
39	1. "Attractions and recreation facility" means any sports,
40	entertainment, amusement, or recreation facility, including, but
41	not limited to, a sports arena, stadium, racetrack, tourist
42	attraction, amusement park, or pari-mutuel facility, that:
43	a. For single-performance facilities:
44	(I) Provides single-performance facilities; or
45	(II) Provides more than 10,000 permanent seats for
46	spectators.
47	b. For serial-performance facilities:
48	(I) Provides parking spaces for more than 1,000 motor
49	vehicles; or
50	(II) Provides more than 4,000 permanent seats for
51	spectators.
52	2. "Entertainment/resort complex" means a theme park that
53	is comprised of at least 25 acres of land with permanent
54	exhibitions and a variety of recreational activities and that
55	has at least 1 million visitors annually who pay admission fees
56	thereto, together with any lodging, dining, and recreational
57	facilities located adjacent to, contiguous to, or in close
58	proximity to the theme park as long as the owners or operators
59	of the theme park, or a parent or related company or subsidiary
60	thereof, have an equity interest in the lodging, dining, or
61	recreational facilities or are in privity therewith. Close
62	proximity includes an area within a 5-mile radius of the theme
63	park complex.
64	3. "Industrial complex" means any industrial,
65	manufacturing, processing, distribution, warehousing, or
66	wholesale facility or plant, as well as accessory uses and
67	structures, under common ownership which:
68	a. Provides onsite parking for more than 250 motor
69	vehicles;
70	b. Encompasses 500,000 square feet or more of gross floor
71	area; or
72	c. Occupies a site of 100 acres or more, excluding
73	wholesale facilities or plants that primarily serve or deal
74	onsite with the general public.
75	4. "Retail and service development" means any retail,
76	service, or wholesale business establishment or group of
77	establishments which deals primarily with the general public
78	onsite and is operated under one common property ownership,
79	development plan, or management that:
80	a. Encompasses more than 400,000 square feet of gross
81	floor area; or
82	b. Provides parking spaces for more than 2,500 motor
83	vehicles.
84	5. "Office development" means any office building or park
85	operated under common ownership, development plan, or management
86	that encompasses 300,000 or more square feet of gross floor
87	area.
88	6. "Hotel or motel development" means any hotel or motel
89	development that is comprised of 350 or more units.
90	Section 2. Paragraph (ff) of subsection (3) of section
91	119.07, Florida Statutes, is subject to the Open Government
92	Sunset Review Act of 1995, in accordance with s. 119.15, Florida
93	Statutes, and shall stand repealed on October 2, 2009, unless
94	reviewed and saved from repeal through reenactment by the
95	Legislature.
96	Section 3. The Legislature finds that the public records
97	exemption created by this act is a public necessity in order to
98	ensure the safety of an attractions and recreation facility,
99	entertainment/resort complex, industrial complex, retail and
100	service development, office development, or hotel or motel
101	development and to ensure public safety. Such information is a
102	vital component of public safety, and if the building plans,
103	blueprints, schematic drawings, and diagrams of such facilities,
104	developments, or structures were made publicly available, the
105	ability of persons who desire to harm individuals located in or
106	using those facilities, developments, or structures would be
107	increased. In addition, terrorists would have easy access to the
108	information and could use the information to inflict harm on the
109	public. Although skill would be required to use such information
110	to further an act of terrorism, ample evidence exists of the
111	capabilities of terrorists to conduct complicated acts of
112	terrorism. The attack on the World Trade Center and the Pentagon
113	on September 11, 2001, and the intentional spread of anthrax in
114	this country and state provide evidence that such capabilities
115	exist. These events also show the crippling effect that
116	terrorist acts can have not only on the lives of persons in a
117	community affected by terrorism, but also on the economy of the
118	community, the state, and the nation. Consequently, the
119	Legislature finds that the public records exemption created by
120	this act is a public necessity.
121	Section 4. This act shall take effect upon becoming a law.