Florida Senate - 2020                      CS for CS for SB 1802
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Criminal Justice; and Senator Pizzo
       
       
       
       
       585-03387-20                                          20201802c2
    1                        A bill to be entitled                      
    2         An act relating to public meetings; amending s.
    3         943.6872, F.S.; providing an exemption from public
    4         meetings requirements for portions of the Urban Core
    5         Gun Violence Task Force meetings at which exempt or
    6         confidential and exempt information is discussed;
    7         providing for future legislative review and repeal of
    8         the exemption; requiring the recording and
    9         transcription of exempt portions of such meetings;
   10         providing an exemption from public records
   11         requirements for such recordings and transcripts;
   12         providing an exception; providing a statement of
   13         public necessity; providing a contingent effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Present subsections (6) and (7) of section
   19  943.6872, Florida Statutes, as created by SB 652 or similar
   20  legislation, 2020 Regular Session, are redesignated as
   21  subsections (7) and (8), respectively, and a new subsection (6)
   22  is added to that section, to read:
   23         (6)(a) Any portion of a meeting of the Urban Core Gun
   24  Violence Task Force at which exempt or confidential and exempt
   25  information is discussed is exempt from s. 286.011 and s. 24(b),
   26  Art. I of the State Constitution. This subsection is subject to
   27  the Open Government Sunset Review Act in accordance with s.
   28  119.15 and shall stand repealed on October 2, 2025, unless
   29  reviewed and saved from repeal through reenactment by the
   30  Legislature.
   31         (b) No portion of an exempt meeting under paragraph (a) may
   32  be off the record. All exempt portions of such meeting shall be
   33  recorded and transcribed. Such recordings and transcripts are
   34  confidential and exempt from disclosure under s. 119.07(1) and
   35  s. 24(a), Art. I of the State Constitution unless a court of
   36  competent jurisdiction, after an in-cameral review, determines
   37  that the meeting was not restricted to the discussion of exempt
   38  or confidential and exempt information as obtained by the Urban
   39  Core Gun Violence Task Force.
   40         Section 2. The Legislature finds that it is a public
   41  necessity that any portion of a meeting of the Urban Core Gun
   42  Violence Task Force at which exempt or confidential and exempt
   43  information is discussed be made exempt from s. 286.011, Florida
   44  Statutes, and s. 24(b), Article I of the State Constitution. The
   45  purpose of the task force is to investigate system failures and
   46  the causes of high crime rates and gun violence incidents in
   47  urban core neighborhoods and communities. In addition, the task
   48  force shall develop recommendations for solutions, programs,
   49  services, and strategies for improved interagency communications
   50  between local and state government agencies which will help
   51  facilitate the reduction of crime and gun violence in urban core
   52  neighborhoods and communities. In order to fulfill its
   53  directive, the task force must be able to discuss exempt or
   54  confidential and exempt information that it receives as part of
   55  its investigation. The public meetings exemption will allow the
   56  task force to review and discuss exempt or confidential and
   57  exempt information that will be useful in forming meaningful
   58  recommendations for system improvements and improved interagency
   59  communications. As such, it is necessary that those portions of
   60  meetings wherein exempt or confidential and exempt information
   61  is discussed be made exempt from public meetings requirements.
   62  If such portions of the meeting were not closed, the public
   63  records exemptions would be negated. Thus, the Legislature finds
   64  that the public meeting exemption is a public necessity in order
   65  to ensure the effective and efficient administration of the
   66  Urban Core Gun Violence Task Force.
   67         Section 3. This act shall take effect on the same date that
   68  SB 652 or similar legislation takes effect, if such legislation
   69  is adopted in the same legislative session or an extension
   70  thereof and becomes a law.