Florida Senate - 2009 SB 2324
By Senator Gaetz
4-01615-09 20092324__
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 Legislative Oversight Council on United States
7 Department of Defense Base Realignment and Closure
8 Activities; creating an exemption from public-meetings
9 requirements for council meetings at which exempt
10 information is presented or discussed; creating an
11 exemption from public-records requirements for records
12 generated during council meetings that are closed to
13 the public; providing a penalty; providing for future
14 legislative review and repeal of the exemption;
15 providing a statement of public necessity; providing a
16 contingent effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 288.985, Florida Statutes, is created to
21 read:
22 288.985 Exemptions from public-records and public-meetings
23 requirements.—
24 (1) The following records held by the Legislative Oversight
25 Council on United States Department of Defense Base Realignment
26 and Closure Activities are exempt from s. 119.07(1) and s.
27 24(a), Art. I of the State Constitution:
28 (a) That portion of a record which relates to strengths and
29 weaknesses of military installations or military missions in
30 this state relative to the selection criteria for the
31 realignment and closure of military bases and missions under any
32 United States Department of Defense base realignment and closure
33 process.
34 (b) That portion of a record which relates to strengths and
35 weaknesses of military installations or military missions in
36 other states or territories and the vulnerability of such
37 installations or missions to base realignment or closure under
38 the United States Department of Defense base realignment and
39 closure process, and any agreements or proposals to relocate or
40 realign military units and missions from other states or
41 territories.
42 (c) That portion of a record which relates to the state’s
43 strategy to retain its military bases during any United States
44 Department of Defense base realignment and closure process and
45 any agreements or proposals to relocate or realign military
46 units and missions.
47 (2) Meetings or portions of meetings of the Legislative
48 Oversight Council on United States Department of Defense Base
49 Realignment and Closure Activities, or a committee or
50 subcommittee of the council, at which records are presented or
51 discussed which are exempt under subsection (1) are exempt from
52 s. 286.011 and s. 24(b), Art. I of the State Constitution.
53 (3) Any records generated during those portions of meetings
54 which are closed to the public under subsection (2), including,
55 but not limited to, minutes, tape recordings, videotapes,
56 digital recordings, transcriptions, or notes, are exempt under
57 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
58 (4) Any person who willfully and knowingly violates this
59 section commits a misdemeanor of the first degree, punishable as
60 provided in s. 775.082 or s. 775.083.
61 (5) This section is subject to the Open Government Sunset
62 Review Act in accordance with s. 119.15, and shall stand
63 repealed on October 2, 2014, unless reviewed and saved from
64 repeal through reenactment by the Legislature.
65 Section 2. The Legislature finds that it is a public
66 necessity for certain records relating to military base
67 realignment and closure information held by the Legislative
68 Oversight Council on United States Department of Defense Base
69 Realignment and Closure Activities to be exempt from public
70 disclosure. The Legislature finds that the national defense and
71 the economic development of the state are greatly enhanced by
72 the establishment of military installations and defense-related
73 industries in this state. The Legislature also finds that, given
74 the economic contribution of military installations and defense
75 related industries, the state has a substantial financial
76 interest in the retention of its military bases. Consequently,
77 if critical information relating to the strengths, weaknesses,
78 or strategies concerning the location or retention of military
79 bases in this state is revealed, it would be exceptionally
80 difficult, if not impossible, for Florida to effectively compete
81 against other states and territories whose records are not open
82 to the public. Further, other persons or states, the Federal
83 Government, or other nations would be unwilling to share
84 information if such information could be released. Similarly,
85 the Legislature finds that the ability of the state to protect
86 military bases and missions in this state from realignment or
87 closure, or to attract new bases to this state will be impaired
88 if meetings or portions of meetings held by the council, or a
89 committee or subcommittee of the council, at which records made
90 exempt from public disclosure are discussed are not also exempt
91 from public-meetings requirements. Failure to protect meetings
92 or portions of meetings during which such records are discussed
93 would defeat the purpose of the public-records exemption created
94 by this act. Further, the Legislature finds that records
95 generated during those portions of meetings that are closed,
96 including the minutes, tape recordings, videotapes,
97 transcriptions, or notes from such meetings, must be protected
98 for the same reasons that justify the closing of those meetings.
99 Section 3. This act shall take effect July 1, 2009, if SB
100 ____ or similar legislation is adopted in the same legislative
101 session or an extension thereof and becomes law.