Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 7078
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Hutson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (14) is added to section 16.71, as
    6  created by SB 7076, 2021 Regular Session, to read:
    7         16.71 Florida Gaming Control Commission.—
    8         (14)(a) Information made exempt or confidential and exempt
    9  from s. 119.07(1) or s. 24(a) Art I. of the State Constitution
   10  which is obtained by the Florida Gaming Control Commission shall
   11  retain its exempt or confidential and exempt status. The
   12  information may be released by the commission to other
   13  governmental entities as needed in the performance of its
   14  official duties and responsibilities. The governmental entity
   15  shall maintain the exempt or confidential and exempt status of
   16  the information.
   17         (b)Portions of meetings of the commission during which
   18  information made exempt or confidential and exempt is discussed
   19  are exempt from s. 286.011 and s. 24(b), Art I. of the State
   20  Constitution.
   21         1. The chair of the commission shall advise the commission
   22  at a public meeting that, in connection with the performance of
   23  a commission duty, it is necessary that the commission hear or
   24  discuss information that is exempt or confidential and exempt.
   25         2. The chair’s declaration of necessity for closure and the
   26  specific reasons for such necessity shall be stated in writing
   27  in a document that shall be a public record and shall be filed
   28  with the official records of the commission.
   29         3. The entire closed session shall be recorded. The
   30  recording shall include the times of commencement and
   31  termination of the closed session, all discussion and
   32  proceedings, and the names of all persons present. No portion of
   33  the session shall be off the record. Such recording shall be
   34  maintained by the commission.
   35         (b) Only members of the commission, Department of Law
   36  Enforcement staff supporting the commission’s function, and
   37  other persons whose presence is necessary for the presentation
   38  of exempt or confidential and exempt information shall be
   39  allowed to attend the exempted portions of the commission
   40  meetings. The commission shall assure that any closure of its
   41  meetings as authorized by this paragraph is limited so that the
   42  general policy of this state in favor of public meetings is
   43  maintained.
   44         (c) A recording of, and any minutes and notes generated
   45  during, that portion of a commission meeting which is closed to
   46  the public pursuant to this subsection are confidential and
   47  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   48  Constitution until such time as the information discussed is no
   49  longer exempt or confidential and exempt.
   50         (d) This subsection is subject to the Open Government
   51  Sunset Review Act in accordance with s. 119.115 and is repealed
   52  on October 2, 2026, unless reviewed and saved from repeal
   53  through reenactment by the Legislature.
   54         Section 2. The Legislature finds that it is a public
   55  necessity to maintain the exempt or confidential and exempt
   56  status of any exempt or confidential and exempt information
   57  obtained by the Florida Gaming Control Commission. In the
   58  absence of this exemption, sensitive confidential or exempt
   59  information would be disclosed. In addition, the Legislature
   60  finds that it is a public necessity that portions of meetings of
   61  the Florida Gaming Control Commission wherein confidential and
   62  exempt information is discussed be made exempt from public
   63  meetings requirements. The release of confidential and exempt
   64  information via a public meeting defeats the purpose of a public
   65  records exemption. Accordingly, the Legislature finds that the
   66  harm to the public that would result from the release of such
   67  information substantially outweighs any minimal public benefit
   68  derived therefrom.
   69         Section 3. This act shall take effect on the same date that
   70  SB 7076 or similar legislation takes effect, if such legislation
   71  is adopted in the same legislative session or an extension
   72  thereof and becomes a law.
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete everything before the enacting clause
   77  and insert:
   78                        A bill to be entitled                      
   79         An act relating to public records and public meetings;
   80         amending s. 16.71, F.S.; specifying that any exempt or
   81         confidential and exempt information obtained by the
   82         Florida Gaming Control Commission retains its exempt
   83         or confidential and exempt status; providing an
   84         exemption from public meetings requirements for
   85         portions of meetings of the Florida Gaming Control
   86         Commission wherein exempt or confidential and exempt
   87         information is discussed; authorizing the commission
   88         to close portions of meetings during which certain
   89         matters are discussed if certain requirements are met;
   90         providing an exemption from public meetings
   91         requirements for such portions of meetings; providing
   92         an exemption from public records requirements for
   93         documents and recordings relating to such exempt
   94         portions of meetings; providing for future review and
   95         repeal of the exemption; providing a statement of
   96         public necessity; providing a contingent effective
   97         date.