Florida Senate - 2021                             CS for SB 7078
       By the Committees on Appropriations; and Regulated Industries
       576-04245-21                                          20217078c1
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         amending s. 16.71, F.S.; specifying that any exempt or
    4         confidential and exempt information obtained by the
    5         Florida Gaming Control Commission retains its exempt
    6         or confidential and exempt status; providing an
    7         exemption from public meetings requirements for
    8         portions of meetings of the Florida Gaming Control
    9         Commission wherein exempt or confidential and exempt
   10         information is discussed; authorizing the commission
   11         to close portions of meetings during which certain
   12         matters are discussed if certain requirements are met;
   13         providing an exemption from public meetings
   14         requirements for such portions of meetings; providing
   15         an exemption from public records requirements for
   16         documents and recordings relating to such exempt
   17         portions of meetings; providing for future review and
   18         repeal of the exemption; providing a statement of
   19         public necessity; providing a contingent effective
   20         date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Subsection (14) is added to section 16.71, as
   25  created by SB 7076, 2021 Regular Session, to read:
   26         16.71 Florida Gaming Control Commission.—
   27         (14)(a) Information made exempt or confidential and exempt
   28  from s. 119.07(1) or s. 24(a) Art I. of the State Constitution
   29  which is obtained by the Florida Gaming Control Commission shall
   30  retain its exempt or confidential and exempt status. The
   31  information may be released by the commission to other
   32  governmental entities as needed in the performance of its
   33  official duties and responsibilities. The governmental entity
   34  shall maintain the exempt or confidential and exempt status of
   35  the information.
   36         (b)Portions of meetings of the commission during which
   37  information made exempt or confidential and exempt is discussed
   38  are exempt from s. 286.011 and s. 24(b), Art I. of the State
   39  Constitution.
   40         1. The chair of the commission shall advise the commission
   41  at a public meeting that, in connection with the performance of
   42  a commission duty, it is necessary that the commission hear or
   43  discuss information that is exempt or confidential and exempt.
   44         2. The chair’s declaration of necessity for closure and the
   45  specific reasons for such necessity shall be stated in writing
   46  in a document that shall be a public record and shall be filed
   47  with the official records of the commission.
   48         3. The entire closed session shall be recorded. The
   49  recording shall include the times of commencement and
   50  termination of the closed session, all discussion and
   51  proceedings, and the names of all persons present. No portion of
   52  the session shall be off the record. Such recording shall be
   53  maintained by the commission.
   54         (b) Only members of the commission, Department of Law
   55  Enforcement staff supporting the commission’s function, and
   56  other persons whose presence is necessary for the presentation
   57  of exempt or confidential and exempt information shall be
   58  allowed to attend the exempted portions of the commission
   59  meetings. The commission shall assure that any closure of its
   60  meetings as authorized by this paragraph is limited so that the
   61  general policy of this state in favor of public meetings is
   62  maintained.
   63         (c) A recording of, and any minutes and notes generated
   64  during, that portion of a commission meeting which is closed to
   65  the public pursuant to this subsection are confidential and
   66  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   67  Constitution until such time as the information discussed is no
   68  longer exempt or confidential and exempt.
   69         (d) This subsection is subject to the Open Government
   70  Sunset Review Act in accordance with s. 119.115 and is repealed
   71  on October 2, 2026, unless reviewed and saved from repeal
   72  through reenactment by the Legislature.
   73         Section 2. The Legislature finds that it is a public
   74  necessity to maintain the exempt or confidential and exempt
   75  status of any exempt or confidential and exempt information
   76  obtained by the Florida Gaming Control Commission. In the
   77  absence of this exemption, sensitive confidential or exempt
   78  information would be disclosed. In addition, the Legislature
   79  finds that it is a public necessity that portions of meetings of
   80  the Florida Gaming Control Commission wherein confidential and
   81  exempt information is discussed be made exempt from public
   82  meetings requirements. The release of confidential and exempt
   83  information via a public meeting defeats the purpose of a public
   84  records exemption. Accordingly, the Legislature finds that the
   85  harm to the public that would result from the release of such
   86  information substantially outweighs any minimal public benefit
   87  derived therefrom.
   88         Section 3. This act shall take effect on the same date that
   89  SB 7076 or similar legislation takes effect, if such legislation
   90  is adopted in the same legislative session or an extension
   91  thereof and becomes a law.