| 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 relating |
| 5 | to military bases which are held by the Florida Council on |
| 6 | Military Base and Mission Support; creating an exemption |
| 7 | from public meetings requirements for council meetings at |
| 8 | which exempt information is presented or discussed; |
| 9 | creating an exemption from public records requirements for |
| 10 | records generated during council meetings that are closed |
| 11 | to the public; providing a penalty; providing for future |
| 12 | legislative review and repeal of the exemption; providing |
| 13 | a statement of public necessity; providing a contingent |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 288.985, Florida Statutes, is created |
| 19 | to read: |
| 20 | 288.985 Exemptions from public records and public meetings |
| 21 | requirements.-- |
| 22 | (1) The following records held by the Florida Council on |
| 23 | Military Base and Mission Support are exempt from s. 119.07(1) |
| 24 | and s. 24(a), Art. I of the State Constitution: |
| 25 | (a) That portion of a record which relates to strengths |
| 26 | and weaknesses of military installations or military missions in |
| 27 | this state relative to the selection criteria for the |
| 28 | realignment and closure of military bases and missions under any |
| 29 | United States Department of Defense base realignment and closure |
| 30 | process. |
| 31 | (b) That portion of a record which relates to strengths |
| 32 | and weaknesses of military installations or military missions in |
| 33 | other states or territories and the vulnerability of such |
| 34 | installations or missions to base realignment or closure under |
| 35 | the United States Department of Defense base realignment and |
| 36 | closure process, and any agreements or proposals to relocate or |
| 37 | realign military units and missions from other states or |
| 38 | territories. |
| 39 | (c) That portion of a record which relates to the state's |
| 40 | strategy to retain its military bases during any United States |
| 41 | Department of Defense base realignment and closure process and |
| 42 | any agreements or proposals to relocate or realign military |
| 43 | units and missions. |
| 44 | (2) Meetings or portions of meetings of the Florida |
| 45 | Council on Military Base and Mission Support, or a workgroup of |
| 46 | the council, at which records are presented or discussed which |
| 47 | are exempt under subsection (1) are exempt from s. 286.011 and |
| 48 | s. 24(b), Art. I of the State Constitution. |
| 49 | (3) Any records generated during those portions of |
| 50 | meetings which are closed to the public under subsection (2), |
| 51 | including, but not limited to, minutes, tape recordings, |
| 52 | videotapes, digital recordings, transcriptions, or notes, are |
| 53 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 54 | 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 repealed |
| 60 | on October 2, 2014, unless reviewed and saved from repeal |
| 61 | 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 presented or discussed are not also exempt |
| 87 | from public meetings requirements. Failure to protect meetings |
| 88 | or portions of meetings during which such records are discussed |
| 89 | would defeat the purpose of the public records exemption created |
| 90 | by this act. Further, the Legislature finds that records |
| 91 | generated during those portions of meetings which are closed to |
| 92 | the public, including the minutes, tape recordings, videotapes, |
| 93 | digital recordings, transcriptions, or notes from such meetings, |
| 94 | must be protected for the same reasons that justify the closing |
| 95 | of those meetings. |
| 96 | Section 3. This act shall take effect July 1, 2009, if HB |
| 97 | 7123 or similar legislation is adopted in the same legislative |
| 98 | session or an extension thereof and becomes law. |