HB 7125

1
A bill to be entitled
2An act relating to public records and public meetings;
3creating s. 288.985, F.S.; creating an exemption from
4public records requirements for specified records relating
5to military bases which are held by the Florida Council on
6Military Base and Mission Support; creating an exemption
7from public meetings requirements for council meetings at
8which exempt information is presented or discussed;
9creating an exemption from public records requirements for
10records generated during council meetings that are closed
11to the public; providing a penalty; providing for future
12legislative review and repeal of the exemption; providing
13a statement of public necessity; providing a contingent
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 288.985, Florida Statutes, is created
19to read:
20     288.985  Exemptions from public records and public meetings
21requirements.--
22     (1)  The following records held by the Florida Council on
23Military Base and Mission Support are exempt from s. 119.07(1)
24and s. 24(a), Art. I of the State Constitution:
25     (a)  That portion of a record which relates to strengths
26and weaknesses of military installations or military missions in
27this state relative to the selection criteria for the
28realignment and closure of military bases and missions under any
29United States Department of Defense base realignment and closure
30process.
31     (b)  That portion of a record which relates to strengths
32and weaknesses of military installations or military missions in
33other states or territories and the vulnerability of such
34installations or missions to base realignment or closure under
35the United States Department of Defense base realignment and
36closure process, and any agreements or proposals to relocate or
37realign military units and missions from other states or
38territories.
39     (c)  That portion of a record which relates to the state's
40strategy to retain its military bases during any United States
41Department of Defense base realignment and closure process and
42any agreements or proposals to relocate or realign military
43units and missions.
44     (2)  Meetings or portions of meetings of the Florida
45Council on Military Base and Mission Support, or a workgroup of
46the council, at which records are presented or discussed which
47are exempt under subsection (1) are exempt from s. 286.011 and
48s. 24(b), Art. I of the State Constitution.
49     (3)  Any records generated during those portions of
50meetings which are closed to the public under subsection (2),
51including, but not limited to, minutes, tape recordings,
52videotapes, digital recordings, transcriptions, or notes, are
53exempt from s. 119.07(1) and s. 24(a), Art. I of the State
54Constitution.
55     (4)  Any person who willfully and knowingly violates this
56section commits a misdemeanor of the first degree, punishable as
57provided in s. 775.082 or s. 775.083.
58     (5)  This section is subject to the Open Government Sunset
59Review Act in accordance with s. 119.15 and shall stand repealed
60on October 2, 2014, unless reviewed and saved from repeal
61through reenactment by the Legislature.
62     Section 2.  The Legislature finds that it is a public
63necessity for certain records relating to military base
64realignment and closure information held by the Florida Council
65on Military Base and Mission Support to be exempt from public
66disclosure. The Legislature finds that the national defense and
67the economic development of the state are greatly enhanced by
68the establishment of military installations and defense-related
69industries in this state. The Legislature also finds that, given
70the economic contribution of military installations and defense-
71related industries, the state has a substantial financial
72interest in the retention of its military bases. Consequently,
73if critical information relating to the strengths, weaknesses,
74or strategies concerning the location or retention of military
75bases in this state is revealed, it would be exceptionally
76difficult, if not impossible, for Florida to effectively compete
77against other states and territories whose records are not open
78to the public. Further, other persons or states, the Federal
79Government, or other nations would be unwilling to share
80information if such information could be released. Similarly,
81the Legislature finds that the ability of the state to protect
82military bases and missions in this state from realignment or
83closure or to attract new bases to this state will be impaired
84if meetings or portions of meetings held by the council, or a
85workgroup of the council, at which records made exempt from
86public disclosure are presented or discussed are not also exempt
87from public meetings requirements. Failure to protect meetings
88or portions of meetings during which such records are discussed
89would defeat the purpose of the public records exemption created
90by this act. Further, the Legislature finds that records
91generated during those portions of meetings which are closed to
92the public, including the minutes, tape recordings, videotapes,
93digital recordings, transcriptions, or notes from such meetings,
94must be protected for the same reasons that justify the closing
95of those meetings.
96     Section 3.  This act shall take effect July 1, 2009, if HB
977123 or similar legislation is adopted in the same legislative
98session or an extension thereof and becomes law.


CODING: Words stricken are deletions; words underlined are additions.