Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2324
       
       
       
       
       
       
                                Barcode 495912                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/26/2009           .                                
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       The Committee on Military Affairs and Domestic Security
       (Oelrich) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 288.985, Florida Statutes, is created to
    6  read:
    7         288.985Exemptions from public-records and public-meetings
    8  requirements.—
    9         (1)The following records held by the Florida Council on
   10  Military Base and Mission Support are exempt from s. 119.07(1)
   11  and s. 24(a), Art. I of the State Constitution:
   12         (a)That portion of a record which relates to strengths and
   13  weaknesses of military installations or military missions in
   14  this state relative to the selection criteria for the
   15  realignment and closure of military bases and missions under any
   16  United States Department of Defense base realignment and closure
   17  process.
   18         (b)That portion of a record which relates to strengths and
   19  weaknesses of military installations or military missions in
   20  other states or territories and the vulnerability of such
   21  installations or missions to base realignment or closure under
   22  the United States Department of Defense base realignment and
   23  closure process, and any agreements or proposals to relocate or
   24  realign military units and missions from other states or
   25  territories.
   26         (c)That portion of a record which relates to the state’s
   27  strategy to retain its military bases during any United States
   28  Department of Defense base realignment and closure process and
   29  any agreements or proposals to relocate or realign military
   30  units and missions.
   31         (2)Meetings or portions of meetings of the Florida Council
   32  on Military Base and Mission Support, or a workgroup of the
   33  council, at which records are presented or discussed which are
   34  exempt under subsection (1) are exempt from s. 286.011 and s.
   35  24(b), Art. I of the State Constitution.
   36         (3)Any records generated during those portions of meetings
   37  which are closed to the public under subsection (2), including,
   38  but not limited to, minutes, tape recordings, videotapes,
   39  digital recordings, transcriptions, or notes, are exempt under
   40  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   41         (4)Any person who willfully and knowingly violates this
   42  section commits a misdemeanor of the first degree, punishable as
   43  provided in s. 775.082 or s. 775.083.
   44         (5)This section is subject to the Open Government Sunset
   45  Review Act in accordance with s. 119.15, and shall stand
   46  repealed on October 2, 2014, unless reviewed and saved from
   47  repeal through reenactment by the Legislature.
   48         Section 2. The Legislature finds that it is a public
   49  necessity for certain records relating to military base
   50  realignment and closure information held by the Florida Council
   51  on Military Base and Mission Support to be exempt from public
   52  disclosure. The Legislature finds that the national defense and
   53  the economic development of the state are greatly enhanced by
   54  the establishment of military installations and defense-related
   55  industries in this state. The Legislature also finds that, given
   56  the economic contribution of military installations and defense
   57  related industries, the state has a substantial financial
   58  interest in the retention of its military bases. Consequently,
   59  if critical information relating to the strengths, weaknesses,
   60  or strategies concerning the location or retention of military
   61  bases in this state is revealed, it would be exceptionally
   62  difficult, if not impossible, for Florida to effectively compete
   63  against other states and territories whose records are not open
   64  to the public. Further, other persons or states, the Federal
   65  Government, or other nations would be unwilling to share
   66  information if such information could be released. Similarly,
   67  the Legislature finds that the ability of the state to protect
   68  military bases and missions in this state from realignment or
   69  closure or to attract new bases to this state will be impaired
   70  if meetings or portions of meetings held by the council, or a
   71  workgroup of the council, at which records made exempt from
   72  public disclosure are discussed are not also exempt from public
   73  meetings requirements. Failure to protect meetings or portions
   74  of meetings during which such records are discussed would defeat
   75  the purpose of the public-records exemption created by this act.
   76  Further, the Legislature finds that records generated during
   77  those portions of meetings which are closed, including the
   78  minutes, tape recordings, videotapes, transcriptions, or notes
   79  from such meetings, must be protected for the same reasons that
   80  justify the closing of those meetings.
   81         Section 3. This act shall take effect July 1, 2009, if SB
   82  2322 or similar legislation is adopted in the same legislative
   83  session or an extension thereof and becomes law.
   84  
   85  ================= T I T L E  A M E N D M E N T ================
   86         And the title is amended as follows:
   87         Delete everything before the enacting clause
   88  and insert:
   89                        A bill to be entitled                      
   90         An act relating to public records and public meetings;
   91         creating s. 288.985, F.S.; creating an exemption from
   92         public-records requirements for specified records
   93         relating to military bases which are held by the
   94         Florida Council on Military Base and Mission Support;
   95         creating an exemption from public-meetings
   96         requirements for council meetings at which exempt
   97         information is presented or discussed; creating an
   98         exemption from public-records requirements for records
   99         generated during council meetings that are closed to
  100         the public; providing a penalty; providing for future
  101         legislative review and repeal of the exemption;
  102         providing a statement of public necessity; providing a
  103         contingent effective date.