| 1 | The Committee on Commerce recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public records and public meetings |
| 7 | exemptions; creating s. 288.982, F.S.; creating an |
| 8 | exemption from public records requirements for specified |
| 9 | records relating to military installations and military |
| 10 | missions subject to the United States Department of |
| 11 | Defense Base Realignment and Closure 2005 process, and |
| 12 | agreements and proposals to relocate or realign military |
| 13 | units and missions, held by the Governor's Advisory |
| 14 | Council on Base Realignment and Closure, Enterprise |
| 15 | Florida, Inc., or the Office of Tourism, Trade, and |
| 16 | Economic Development; creating an exemption from public |
| 17 | meetings requirements for meetings of the advisory |
| 18 | council, the office, or a committee or subcommittee of the |
| 19 | advisory council or office at which exempt records are |
| 20 | presented or discussed; creating an exemption from public |
| 21 | records requirements for records generated during meetings |
| 22 | of the advisory council, the office, or a committee or |
| 23 | subcommittee of the advisory council or office that are |
| 24 | closed to the public; providing a penalty; providing for |
| 25 | repeal of the act; providing access to confidential and |
| 26 | exempt records upon repeal of the act; providing a |
| 27 | statement of public necessity; providing an effective |
| 28 | date. |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Section 288.982, Florida Statutes, is created |
| 33 | to read: |
| 34 | 288.982 Exemptions from public records and meetings |
| 35 | requirements; Governor's Advisory Council on Base Realignment |
| 36 | and Closure, Enterprise Florida, Inc., and the Office of |
| 37 | Tourism, Trade, and Economic Development; United States |
| 38 | Department of Defense Base Realignment and Closure 2005 |
| 39 | process.-- |
| 40 | (1) The following records held by the Governor's Advisory |
| 41 | Council on Base Realignment and Closure, Enterprise Florida, |
| 42 | Inc., or the Office of Tourism, Trade, and Economic Development |
| 43 | are confidential and exempt from s. 119.07(1) and s. 24(a), Art. |
| 44 | I of the State Constitution: |
| 45 | (a) Records that relate to strengths and weaknesses of |
| 46 | military installations or military missions in Florida relative |
| 47 | to the selection criteria for the realignment and closure of |
| 48 | military bases and missions under the United States Department |
| 49 | of Defense Base Realignment and Closure 2005 process. |
| 50 | (b) Records that relate to strengths and weaknesses of |
| 51 | military installations or military missions in other states or |
| 52 | territories and the vulnerability of such installations or |
| 53 | missions to base realignment or closure under the United States |
| 54 | Department of Defense Base Realignment and Closure 2005 process |
| 55 | and any agreements or proposals to relocate or realign military |
| 56 | units and missions from other states or territories. |
| 57 | (c) Records that relate to the state's strategy to retain |
| 58 | its military bases during the United States Department of |
| 59 | Defense Base Realignment and Closure 2005 process and any |
| 60 | agreements or proposals to relocate or realign military units |
| 61 | and missions. |
| 62 | (2) Meetings or portions of meetings of the Governor's |
| 63 | Advisory Council on Base Realignment and Closure, the Office of |
| 64 | Tourism, Trade, and Economic Development, or a committee or |
| 65 | subcommittee of the advisory council or office at which records |
| 66 | are presented or discussed that are confidential and exempt |
| 67 | under subsection (1) are exempt from s. 286.011 and s. 24(b), |
| 68 | Art. I of the State Constitution. |
| 69 | (3) Any records generated during those portions of |
| 70 | meetings that are closed to the public under subsection (2), |
| 71 | including, but not limited to, minutes, tape recordings, |
| 72 | videotapes, transcriptions, or notes, are confidential and |
| 73 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 74 | Constitution. |
| 75 | (4) Any person who willfully and knowingly violates this |
| 76 | section commits a misdemeanor of the first degree, punishable as |
| 77 | provided in s. 775.082 or s. 775.083. |
| 78 | (5) On May 31, 2006, this section shall stand repealed, |
| 79 | and the records made confidential and exempt under this act |
| 80 | shall be available for public inspection and copying. |
| 81 | Section 2. The Legislature finds that it is a public |
| 82 | necessity that certain records containing military base |
| 83 | realignment and closure information held by the Governor's |