HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 7001 PCB EEG 23-01 OGSR/Nationwide Public Safety Broadband Network
SPONSOR(S): Ethics, Elections & Open Government Subcommittee, Yarkosky
TIED BILLS: IDEN./SIM. BILLS: SB 7006
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Ethics, Elections & Open 18 Y, 0 N Villa Toliver
Government Subcommittee
1) Energy, Communications & Cybersecurity 17 Y, 0 N Mortellaro Keating
Subcommittee
2) State Affairs Committee 19 Y, 0 N Villa Williamson
SUMMARY ANALYSIS
The Open Government Sunset Review Act requires the Legislature to review each public record exemption
and each public meeting exemption five years after enactment. If the Legislature does not reenact the
exemption, it automatically repeals on October 2nd of the fifth year after enactment.
In 2012, Congress created the Nationwide Public Safety Broadband Network (FirstNet) overseen by a newly
created First Responder Network Authority (FirstNet Authority), an independent agency established within the
United States Department of Commerce. FirstNet was one of the recommendations of the National
Commission on Terrorist Attacks upon the United States, also known as the 9/11 Commission, to prevent
incidents of communication disruption that occurred between first responders during the 9/11 terrorist attacks.
In 2017, the U.S. Department of Commerce announced that the FirstNet Authority had entered into a 25-year
public-private partnership with AT&T to build the first nationwide wireless broadband network dedicated to
America’s first responders. Today, FirstNet is operational and delivers specialized features to first responders –
such as priority access, preemption, more network capacity, and a resilient, hardened connection.
Current law provides a public record exemption for information held by an agency relating to FirstNet if release
of such information would reveal:
The design, development, construction, deployment, and operation of network facilities;
Network coverage, including geographical maps indicating actual or proposed locations of network
infrastructure or facilities;
The features, functions, and capabilities of network infrastructure and facilities;
The features, functions, and capabilities of network services provided to first responders and other
network users;
The design, features, functions, and capabilities of network devices provided to first responders and
other network users; or
Security, including cybersecurity, of the design, construction, and operation of the network and
associated services and products.
The bill saves from repeal this public record exemption, which will repeal on October 2, 2023, if this bill does
not become law.
The bill does not appear to have a fiscal impact on state government or local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Open Government Sunset Review Act
The Open Government Sunset Review Act (Act) 1 sets forth a legislative review process for newly
created or substantially amended public record or public meeting exemptions. It requires an automatic
repeal of the exemption on October 2nd of the fifth year after creation or substantial amendment,
unless the Legislature reenacts the exemption.2
The Act provides that a public record or public meeting exemption may be created or maintained only if
it serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one
of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded (essentially
creating a new exemption), then a public necessity statement and a two-thirds vote for passage are
required.4 If the exemption is reenacted with grammatical or stylistic changes that do not expand the
exemption, if the exemption is narrowed, or if an exception to the exemption is created, then a public
necessity statement and a two-thirds vote for passage are not required.
Nationwide Public Safety Broadband Network
Following the 9/11 terrorist attacks, Congress created the National Commission on Terrorist Attacks
upon the United States (9/11 Commission) and tasked that body with investigating and reporting to the
President and Congress its findings, conclusions, and recommendations of corrective measures that
can be taken to prevent acts of terrorism.5 One of the 9/11 Commission’s recommendations to prevent
the incidents of communication disruption that occurred between first responders during the terrorist
attacks was to “support pending legislation which provides for the expedited and increased assignment
of radio spectrum for public safety purposes.” 6 In 2012, Congress created the Nationwide Public Safety
Broadband Network (FirstNet) overseen by a newly-created First Responder Network Authority
(FirstNet Authority), an independent agency established within the U.S. Department of Commerce. 7
In 2017, the U.S. Department of Commerce announced that the FirstNet Authority had entered into a
25-year public-private partnership with AT&T to “build the first nationwide wireless broadband network
dedicated to America’s first responders.” 8
1 Section 119.15, F.S.
2 Section 119.15(3), F.S.
3 Section 119.15(6)(b), F.S.
4 Article I, s. 24(c), FLA. CONST .
5 Intelligence Authorization Act, Pub. Law No. 107-306 (2002).
6 9/11 Commission, The 9/11 Commission Report 396-397 (2004), available at
https://govinfo.library.unt.edu/911/report/911Report.pdf (last visited January 17, 2023).
7 Middle Class Tax Relief and Job Creation Act of 2012, Pub. Law No. 112-96 (2012).
8 FirstNet Partners with AT&T to Build $46.5 Billion Wireless Broadband Network for America’s First Responders, U.S. Department
of Commerce, available at https://2017-2021.commerce.gov/news/press -releases/2017/03/firstnet-partners-att-build-465-billion-
wireless-broadband-network.html (last visited March 8, 2023).
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FirstNet’s enabling legislation requires each Governor to determine whether to:
Participate in the deployment of FirstNet as proposed by the FirstNet Authority’s state plan; or
Conduct its own deployment of a radio access network that is interoperable with FirstNet. 9
All 50 states, five U.S. territories, and Washington, D.C., have opted to participate in FirstNet, meaning
each has accepted the individual state plan proposed by the FirstNet Authority detailing how FirstNet
will be deployed in their state/territory.10 Today, FirstNet is operational and delivers specialized features
to first responders that are not available to others on wireless networks today, such as priority access,
preemption, more network capacity, and a resilient, hardened connection. 11
Public Record Exemption under Review
In 2018, the Legislature created a public record exemption for specified information held by an
agency12 relating to FirstNet. The information is kept confidential and exempt 13 from public records
requirements if release of the information would reveal any of the following:
The design, development, construction, deployment, and operation of network facilities;
Network coverage, including geographical maps indicating actual or proposed locations of
network infrastructure or facilities;
The features, functions, and capabilities of network infrastructure and facilities;
The features, functions, and capabilities of network services provided to first responders 14 and
other network users;
The design, features, functions, and capabilities of network devices provided to first responders
and other network users; or
Security, including cybersecurity, of the design, construction, and operation of the network and
associated services and products.15
The 2018 public necessity statement16 for the exemption provides that:
[The exempt] information contains security information and proprietary business
information of communications services providers. The disclosure of sensitive information
relating to the Nationwide Public Safety Broadband Network could result in identification
of vulnerabilities in such network and allow a security breach that could damage the
network or disrupt the network's safe and reliable operation, adversely impacting the public
health and safety of the state. Disclosure of such information would adversely affect the
9 47 U.S.C. s. 1442(e)(2).
10 FirstNet Authority, The Network, https://www.firstnet.gov/network (last visited January 9, 2023).
11 FirstNet Authority, Top 10 Frequently Asked Questions,
https://www.firstnet.gov/system/tdf/Top%2010%20FAQs%202022.pdf?file=1&type=node&id=679&force=0 (last visited January 9,
2023).
12 “Agency” means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or
other separate unit of government created or established by law including, the Commission on Ethics, the Public Service Commission,
and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entit y acting on
behalf of any public agency. Section 119.011(2), F.S.
13 There is a difference between records the Legislature designates exempt from public record requirements and those the Legisla ture
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstan ces.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be relea sed by the
custodian of public records to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04-
09 (2004).
14 “First responder” means a law enforcement officer as defined in s. 943.10, F.S., a firefighter as defined in s. 633.102, F.S., or an
emergency medical technician or paramedic as defined in s. 401.23, F.S., employed by state or local government. A volunteer law
enforcement officer, firefighter, or emergency medical technician or paramedic engaged by the state or a local government is also
considered a first responder of the state or local government. Section 112.1815(1), F.S.
15 Section 119.071(3)(d), F.S.
16 Article I, s. 24(c), FLA. CONST ., requires each public record exemption to state with specificity the public necessity justifying the
exemption.
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business interests and compromise the network security of such providers and their
networks.17
Pursuant to the Open Government Sunset Review Act, the exemption will repeal on October 2, 2023,
unless reenacted by the Legislature.
During the 2022 interim, subcommittee staff sent questionnaires to Florida sheriffs and police
departments. The respondents indicated they had not had any issues interpreting or applying the
exemption and that they were unaware of the existence of any litigation concerning the exemption.
Further, the respondents indicated they had not received any complaints concerning the exemption. As
such, the vast majority of respondents recommended the exemption be reenacted as is. 18
Effect of the Bill
The bill removes the scheduled repeal date of the public record exemption, thereby maintaining the
public record exemption for certain information relating to FirstNet that is held by an agency.
B. SECTION DIRECTORY:
Section 1 amends s. 119.071, F.S., relating to general exemptions from inspection or copying of public
records.
Section 2 provides an effective date of October 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
17 Chapter 2018-60, L.O.F.
18 Open Government Sunset Review Questionnaire, Nationwide Public Safety Broadband Network, responses on file with the Ethics,
Elections & Open Government Subcommittee.
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A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties and municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties and
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require rulemaking nor confer or alter an agency’s rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
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Statutes affected: H 7001 Filed: 119.071