House Bill hb0287
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Florida House of Representatives - 2002 HB 287
By the Committee on State Administration and
Representative Brummer
1 A bill to be entitled
2 An act relating to public records and public
3 meeting exemptions for the Florida Violent
4 Crime and Drug Control Council; amending s.
5 943.031, F.S., which provides exemptions from
6 public records and public meeting requirements
7 for meetings of the council during which active
8 criminal investigative information or active
9 criminal intelligence information is discussed,
10 and for recordings of, and notes generated
11 during, such meetings; reenacting such
12 exemptions and removing the October 2, 2002,
13 repeal thereof scheduled under the Open
14 Government Sunset Review Act of 1995; removing
15 duplicative language; providing an effective
16 date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Notwithstanding the October 2, 2002, repeal
21 of said paragraphs scheduled pursuant to the Open Government
22 Sunset Review Act of 1995, paragraphs (c) and (d) of
23 subsection (7) of section 943.031, Florida Statutes, are
24 reenacted and amended to read:
25 943.031 Florida Violent Crime and Drug Control
26 Council.--The Legislature finds that there is a need to
27 develop and implement a statewide strategy to address violent
28 criminal activity and drug control efforts by state and local
29 law enforcement agencies, including investigations of illicit
30 money laundering. In recognition of this need, the Florida
31 Violent Crime and Drug Control Council is created within the
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Florida House of Representatives - 2002 HB 287
688-193-02
1 department. The council shall serve in an advisory capacity to
2 the department.
3 (7) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL
4 MEETINGS AND RECORDS.--
5 (c)1. The Florida Violent Crime and Drug Control
6 Council may close portions of meetings during which the
7 council will hear or discuss active criminal investigative
8 information or active criminal intelligence information, and
9 such portions of meetings shall be exempt from the provisions
10 of s. 286.011 and s. 24(b), Art. I of the State Constitution,
11 provided that the following conditions are met:
12 a. The chair of the council shall advise the council
13 at a public meeting that, in connection with the performance
14 of a council duty, it is necessary that the council hear or
15 discuss active criminal investigative information or active
16 criminal intelligence information.
17 b. The chair's declaration of necessity for closure
18 and the specific reasons for such necessity shall be stated in
19 writing in a document that shall be a public record and shall
20 be filed with the official records of the council.
21 c. The entire closed session shall be recorded. The
22 recording shall include the times of commencement and
23 termination of the closed session, all discussion and
24 proceedings, and the names of all persons present. No portion
25 of the session shall be off the record. Such recording shall
26 be maintained by the council, and is exempt from the
27 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
28 Constitution until such time as the criminal investigative
29 information or criminal intelligence information that
30 justifies closure ceases to be active, at which time the
31 portion of the record related to the no longer active
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Florida House of Representatives - 2002 HB 287
688-193-02
1 information or intelligence shall be open for public
2 inspection and copying.
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4 The exemption in this paragraph is subject to the Open
5 Government Sunset Review Act of 1995 in accordance with s.
6 119.15 and shall stand repealed on October 2, 2002, unless
7 reviewed and saved from repeal through reenactment by the
8 Legislature.
9 2. Only members of the council, Department of Law
10 Enforcement staff supporting the council's function, and other
11 persons whose presence has been authorized by the chair of the
12 council shall be allowed to attend the exempted portions of
13 the council meetings. The council shall assure that any
14 closure of its meetings as authorized by this section is
15 limited so that the general policy of this state in favor of
16 public meetings is maintained.
17 (d) Those portions of any public record, such as A
18 tape recording of, and any minutes, and notes, generated
19 during, that portion of a Florida Violent Crime and Drug
20 Control Council meeting which is closed to the public pursuant
21 to this section, which contain information relating to active
22 criminal investigations or matters constituting active
23 criminal intelligence, are confidential and exempt from the
24 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
25 Constitution until such time as the criminal investigative
26 information or criminal intelligence information ceases to be
27 active. The exemptions in this paragraph are subject to the
28 Open Government Sunset Review Act of 1995 in accordance with
29 s. 119.15 and shall stand repealed on October 2, 2002, unless
30 reviewed and saved from repeal through reenactment by the
31 Legislature.
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Florida House of Representatives - 2002 HB 287
688-193-02
1 Section 2. This act shall take effect October 1, 2002.
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4 HOUSE SUMMARY
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Reenacts the public meeting exemption for portions of
6 meetings of the Florida Violent Crime and Drug Control
Council during which active criminal investigative
7 information or active criminal intelligence information
is discussed, and the public records exemption for
8 recordings of, and notes generated during, such meetings,
and removes the October 2, 2002, repeal thereof scheduled
9 under the Open Government Sunset Review Act of 1995.
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