Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 7078 Ì6799307Î679930 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Hutson) recommended the following: 1 Senate Amendment (with title amendment) 2 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. 73 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.