Florida Senate - 2009                             CS for SB 2324
       
       
       
       By the Committee on Military Affairs and Domestic Security; and
       Senator Gaetz
       
       
       
       583-03507-09                                          20092324c1
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         creating s. 288.985, F.S.; creating an exemption from
    4         public-records requirements for specified records
    5         relating to military bases which are held by the
    6         Florida Council on Military Base and Mission Support;
    7         creating an exemption from public-meetings
    8         requirements for council meetings at which exempt
    9         information is presented or discussed; creating an
   10         exemption from public-records requirements for records
   11         generated during council meetings that are closed to
   12         the public; providing a penalty; providing for future
   13         legislative review and repeal of the exemption;
   14         providing a statement of public necessity; providing a
   15         contingent effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 288.985, Florida Statutes, is created to
   20  read:
   21         288.985Exemptions from public-records and public-meetings
   22  requirements.—
   23         (1)The following records held by the Florida Council on
   24  Military Base and Mission Support are exempt from s. 119.07(1)
   25  and s. 24(a), Art. I of the State Constitution:
   26         (a)That portion of a record which relates to strengths and
   27  weaknesses of military installations or military missions in
   28  this state relative to the selection criteria for the
   29  realignment and closure of military bases and missions under any
   30  United States Department of Defense base realignment and closure
   31  process.
   32         (b)That portion of a record which relates to strengths and
   33  weaknesses of military installations or military missions in
   34  other states or territories and the vulnerability of such
   35  installations or missions to base realignment or closure under
   36  the United States Department of Defense base realignment and
   37  closure process, and any agreements or proposals to relocate or
   38  realign military units and missions from other states or
   39  territories.
   40         (c)That portion of a record which relates to the state’s
   41  strategy to retain its military bases during any United States
   42  Department of Defense base realignment and closure process and
   43  any agreements or proposals to relocate or realign military
   44  units and missions.
   45         (2)Meetings or portions of meetings of the Florida Council
   46  on Military Base and Mission Support, or a workgroup of the
   47  council, at which records are presented or discussed which are
   48  exempt under subsection (1) are exempt from s. 286.011 and s.
   49  24(b), Art. I of the State Constitution.
   50         (3)Any records generated during those portions of meetings
   51  which are closed to the public under subsection (2), including,
   52  but not limited to, minutes, tape recordings, videotapes,
   53  digital recordings, transcriptions, or notes, are exempt under
   54  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   55         (4)Any person who willfully and knowingly violates this
   56  section commits a misdemeanor of the first degree, punishable as
   57  provided in s. 775.082 or s. 775.083.
   58         (5)This section is subject to the Open Government Sunset
   59  Review Act in accordance with s. 119.15, and shall stand
   60  repealed on October 2, 2014, unless reviewed and saved from
   61  repeal through reenactment by the Legislature.
   62         Section 2. The Legislature finds that it is a public
   63  necessity for certain records relating to military base
   64  realignment and closure information held by the Florida Council
   65  on Military Base and Mission Support to be exempt from public
   66  disclosure. The Legislature finds that the national defense and
   67  the economic development of the state are greatly enhanced by
   68  the establishment of military installations and defense-related
   69  industries in this state. The Legislature also finds that, given
   70  the economic contribution of military installations and defense
   71  related industries, the state has a substantial financial
   72  interest in the retention of its military bases. Consequently,
   73  if critical information relating to the strengths, weaknesses,
   74  or strategies concerning the location or retention of military
   75  bases in this state is revealed, it would be exceptionally
   76  difficult, if not impossible, for Florida to effectively compete
   77  against other states and territories whose records are not open
   78  to the public. Further, other persons or states, the Federal
   79  Government, or other nations would be unwilling to share
   80  information if such information could be released. Similarly,
   81  the Legislature finds that the ability of the state to protect
   82  military bases and missions in this state from realignment or
   83  closure or to attract new bases to this state will be impaired
   84  if meetings or portions of meetings held by the council, or a
   85  workgroup of the council, at which records made exempt from
   86  public disclosure are discussed are not also exempt from public
   87  meetings requirements. Failure to protect meetings or portions
   88  of meetings during which such records are discussed would defeat
   89  the purpose of the public-records exemption created by this act.
   90  Further, the Legislature finds that records generated during
   91  those portions of meetings which are closed, including the
   92  minutes, tape recordings, videotapes, transcriptions, or notes
   93  from such meetings, must be protected for the same reasons that
   94  justify the closing of those meetings.
   95         Section 3. This act shall take effect July 1, 2009, if SB
   96  2322 or similar legislation is adopted in the same legislative
   97  session or an extension thereof and becomes law.