Senate Bill sb0410c1

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    Florida Senate - 2004                            CS for SB 410

    By the Committee on Governmental Oversight and Productivity;
    and Senator Bennett




    302-1337-04

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; creating an exemption from

  4         public-records requirements to include building

  5         plans, blueprints, schematic drawings, and

  6         diagrams held by a public agency and relating

  7         to specified facilities, developments, and

  8         structures; providing exceptions; providing for

  9         legislative review and repeal; providing

10         definitions; providing a statement of public

11         necessity; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Present paragraphs (ff) and (gg) of

16  subsection (3) of section 119.07, Florida Statutes, are

17  redesignated as paragraphs (gg) and (hh), respectively, and a

18  new paragraph (ff) is added to that subsection, to read:

19         119.07  Inspection, examination, and duplication of

20  records; exemptions.--

21         (3)

22         (ff)  Building plans, blueprints, schematic drawings,

23  and diagrams, including draft, preliminary, and final formats,

24  which depict the internal layout or structural elements of an

25  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),

30  Art. I of the State Constitution. This exemption applies to

31  any such documents held either permanently or temporarily by

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    Florida Senate - 2004                            CS for SB 410
    302-1337-04




 1  an agency before or after the effective date of this act.

 2  Information made exempt by this paragraph may be disclosed to

 3  another governmental entity if disclosure is necessary for the

 4  receiving entity to perform its duties and responsibilities;

 5  to the owner or owners of the structure in question or the

 6  owner's legal representative; or upon a showing of good cause

 7  before a court of competent jurisdiction. As used in this

 8  paragraph, the term:

 9         1.  "Attractions and recreation facility" means any

10  sports, entertainment, amusement, or recreation facility,

11  including, but not limited to, a sports arena, stadium,

12  racetrack, tourist attraction, amusement park, or pari-mutuel

13  facility that:

14         a.  For single-performance facilities:

15         (I)  Provides single-performance facilities; or

16         (II)  Provides more than 10,000 permanent seats for

17  spectators.

18         b.  For serial-performance facilities:

19         (I)  Provides parking spaces for more than 1,000 motor

20  vehicles; or

21         (II)  Provides more than 4,000 permanent seats for

22  spectators.

23         2.  "Entertainment/resort complex" means a theme park

24  comprised of at least 25 acres of land with permanent

25  exhibitions and a variety of recreational activities, which

26  has at least 1 million visitors annually who pay admission

27  fees thereto, together with any lodging, dining, and

28  recreational facilities located adjacent to, contiguous to, or

29  in close proximity to the theme park, as long as the owners or

30  operators of the theme park, or a parent or related company or

31  subsidiary thereof, has an equity interest in the lodging,

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    Florida Senate - 2004                            CS for SB 410
    302-1337-04




 1  dining, or recreational facilities or is in privity therewith.

 2  Close proximity includes an area within a 5-mile radius of the

 3  theme park complex.

 4         3.  "Industrial complex" means any industrial,

 5  manufacturing, processing, distribution, warehousing, or

 6  wholesale facility or plant, as well as accessory uses and

 7  structures, under common ownership which:

 8         a.  Provides onsite parking for more than 250 motor

 9  vehicles;

10         b.  Encompasses 500,000 square feet or more of gross

11  floor area; or

12         c.  Occupies a site of 100 acres or more, but excluding

13  wholesale facilities or plants that primarily serve or deal

14  onsite with the general public.

15         4.  "Retail and service development" means any retail,

16  service, or wholesale business establishment or group of

17  establishments which deals primarily with the general public

18  onsite and is operated under one common property ownership,

19  development plan, or management that:

20         a.  Encompasses more than 400,000 square feet of gross

21  floor area; or

22         b.  Provides parking spaces for more than 2,500 motor

23  vehicles.

24         5.  "Office development" means any office building or

25  park operated under common ownership, development plan, or

26  management that encompasses 300,000 or more square feet of

27  gross floor area.

28         6.  "Hotel or motel development" means any hotel or

29  motel development that accommodates 350 or more units.

30  

31  

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    Florida Senate - 2004                            CS for SB 410
    302-1337-04




 1  This exemption does not apply to comprehensive plans or site

 2  plans, or amendments thereto, which are submitted for approval

 3  or which have been approved under local land development

 4  regulations, local zoning regulations, or

 5  development-of-regional-impact review.

 6         Section 2.  Section 119.07(3)(ff), Florida Statutes, is

 7  subject to the Open Government Sunset Review Act of 1995, in

 8  accordance with section 119.15, Florida Statutes, and shall

 9  stand repealed on October 2, 2009, unless reviewed and

10  reenacted by the Legislature.

11         Section 3.  The Legislature finds that the

12  public-records exemption created by this act is a public

13  necessity in order to ensure the safety of an attractions and

14  recreation facility, entertainment/resort complex, industrial

15  complex, retail and service development, office development,

16  or hotel or motel development and to ensure public safety.

17  Such exempt information is a vital component of public safety,

18  and, if the building plans, blueprints, schematic drawings,

19  and diagrams were made publicly available, the ability of

20  persons who desire to harm individuals located in or using

21  those structures would be increased. In addition, terrorists

22  would have easy access to the exempt information and could use

23  the information to inflict harm on the public. Although skill

24  would be required to use such information to further an act of

25  terrorism, ample evidence exists of the capabilities of

26  terrorists to conduct complicated acts of terrorism. The

27  attack on the World Trade Center and the Pentagon on September

28  11, 2001, as well as the intentional spread of anthrax in this

29  country and state, provide evidence that such capabilities

30  exist. These events also show the crippling effect that

31  terrorist acts can have, not only on the lives of persons in a

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    Florida Senate - 2004                            CS for SB 410
    302-1337-04




 1  community affected by terrorism, but also on the economy of

 2  the community, the state, and the nation. Consequently, the

 3  Legislature finds that the public-records exemption created by

 4  this act is a public necessity.

 5         Section 4.  This act shall take effect upon becoming a

 6  law.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 410

10                                 

11  Removes documents showing external layouts from the bill.

12  Makes explicit that the exemption does not apply to
    comprehensive plans or site plans, or amendments to them under
13  local land development regulations, local zoning regulations,
    or development-of-regional impact review.
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