HB 1345

CS

CHAMBER ACTION

1	The Committee on State Administration recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to public records and public meetings
8	exemptions; creating s. 288.982, F.S.; creating an
9	exemption from public records requirements for specified
10	records relating to military installations and military
11	missions subject to the United States Department of
12	Defense Base Realignment and Closure 2005 process, and
13	agreements and proposals to relocate or realign military
14	units and missions, held by the Governor's Advisory
15	Council on Base Realignment and Closure, Enterprise
16	Florida, Inc., or the Office of Tourism, Trade, and
17	Economic Development; creating an exemption from public
18	meetings requirements for meetings of the advisory
19	council, or a committee or subcommittee of the advisory
20	council, at which exempt records are presented or
21	discussed; creating an exemption from public records
22	requirements for records generated during meetings of the
23	advisory council, or a committee or subcommittee of the
24	advisory council, that are closed to the public; providing
25	a penalty; providing for repeal of the act; providing
26	access to confidential and exempt records upon repeal of
27	the act; providing a statement of public necessity;
28	providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Section 288.982, Florida Statutes, is created
33	to read:
34	288.982  Exemptions from public records and public 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)  That portion of a record which relates to strengths
46	and weaknesses of military installations or military missions in
47	Florida relative to the selection criteria for the realignment
48	and closure of military bases and missions under the United
49	States Department of Defense Base Realignment and Closure 2005
50	process.
51	(b)  That portion of a record which relates to strengths
52	and weaknesses of military installations or military missions in
53	other states or territories and the vulnerability of such
54	installations or missions to base realignment or closure under
55	the United States Department of Defense Base Realignment and
56	Closure 2005 process and any agreements or proposals to relocate
57	or realign military units and missions from other states and
58	territories.
59	(c)  That portion of a record which relates to the state's
60	strategy to retain its military bases during the United States
61	Department of Defense Base Realignment and Closure 2005 process
62	and any agreements or proposals to relocate or realign military
63	units and missions.
64	(2)  Meetings or portions of meetings of the Governor's
65	Advisory Council on Base Realignment and Closure, or a committee
66	or subcommittee of the advisory council, at which records are
67	presented or discussed that are confidential and exempt under
68	subsection (1) are exempt from s. 286.011 and s. 24(b), Art. I
69	of the State Constitution.
70	(3)  Any records generated during those portions of
71	meetings that are closed to the public under subsection (2),
72	including, but not limited to, minutes, tape recordings,
73	videotapes, transcriptions, or notes, are confidential and
74	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
75	Constitution.
76	(4)  Any person who willfully and knowingly violates this
77	section commits a misdemeanor of the first degree, punishable as
78	provided in s. 775.082 or s. 775.083.
79	(5)  On May 31, 2006, this section shall stand repealed,
80	and the records made confidential and exempt under this act
81	shall be available for public inspection and copying.
82	Section 2.  The Legislature finds that it is a public
83	necessity that certain records containing military base
84	realignment and closure information held by the Governor's
85	Advisory Council on Base Realignment and Closure, Enterprise
86	Florida, Inc., and the Office of Tourism, Trade, and Economic
87	Development be made confidential and exempt from public
88	disclosure. The Legislature finds that national defense and the
89	economic development of the state are greatly enhanced by the
90	retention and growth of military installations and defense-
91	related industries located in the state. The Legislature also
92	finds that, given the size of the economic contribution of its
93	military installations and defense-related industries, the state
94	has a substantial financial interest in the retention of its
95	military bases. Consequently, the Legislature finds that if such
96	records were not held confidential and exempt from public
97	disclosure, the State of Florida would be placed at a
98	competitive disadvantage when competing to keep the state's
99	military installations open and when promoting the creation of
100	more military installations within the state. The Legislature
101	further finds that it is a public necessity to make confidential
102	and exempt agreements and proposals to relocate or realign
103	military units and missions from other states and territories
104	and agreements and proposals to relocate or realign military
105	units and missions within the state until the United States
106	Department of Defense Base Realignment and Closure 2005 process
107	concludes on April 15, 2006. If such records were not protected
108	during the base realignment and closure process, the state would
109	be at a disadvantage in competing for military units and
110	missions. If such records are not made confidential and exempt,
111	critical information regarding strategic plans with respect to
112	base realignment and closure would be revealed, making it
113	exceptionally difficult, if not impossible, for Florida to
114	effectively compete against other states and territories whose
115	records are not required to be open to the public. The exemption
116	provided by this act allows Florida to effectively and
117	efficiently advocate for the retention of its military bases.
118	Failure to protect such records would inhibit efforts by the
119	Governor's Advisory Council on Base Realignment and Closure
120	because other persons or states, the Federal Government, or
121	other nations could be unwilling to share information if such
122	information could be released. Without protecting such records,
123	Florida would be on an unequal footing with other states and
124	territories that are not required to disclose confidential and
125	exempt records, and such a lack of confidentiality would operate
126	to the economic detriment of the state. Similarly, the
127	Legislature finds that the ability of the Governor's Advisory
128	Council on Base Realignment and Closure to meet its obligations
129	to protect all military bases and missions in Florida from
130	closure or realignment will be impaired significantly if
131	meetings or portions of meetings held by the advisory council,
132	or a committee or subcommittee of the advisory council, at which
133	records made confidential and exempt from public disclosure are
134	discussed are not exempt from public meetings requirements.
135	Failure to protect meetings or portions of meetings during which
136	such confidential and exempt records are discussed would defeat
137	the purpose of the public records exemption created by this act.
138	Further, the Legislature finds that records generated during
139	those portions of meetings that are closed, including the
140	minutes, tape recordings, videotapes, transcriptions, or notes
141	from such meetings, must be protected for the same reasons that
142	justify the closing of those meetings.
143	Section 3.  This act shall take effect upon becoming a law.

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