Senate Bill sb0396

    Florida Senate - 2002                                   SB 396

    By the Committee on Criminal Justice





    307-282-02

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         amending s. 943.031, F.S.; abrogating the

  4         future repeal of exemptions from public-records

  5         and public-meetings requirements which are

  6         granted for meetings and records of meetings of

  7         the Florida Violent Crime and Drug Control

  8         Council at which active criminal investigative

  9         or intelligence information is discussed;

10         providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Paragraphs (c) and (d) of subsection (7) of

15  section 943.031, Florida Statutes, are amended to read:

16         943.031  Florida Violent Crime and Drug Control

17  Council.--The Legislature finds that there is a need to

18  develop and implement a statewide strategy to address violent

19  criminal activity and drug control efforts by state and local

20  law enforcement agencies, including investigations of illicit

21  money laundering. In recognition of this need, the Florida

22  Violent Crime and Drug Control Council is created within the

23  department. The council shall serve in an advisory capacity to

24  the department.

25         (7)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL

26  MEETINGS AND RECORDS.--

27         (c)1.  The Florida Violent Crime and Drug Control

28  Council may close portions of meetings during which the

29  council will hear or discuss active criminal investigative

30  information or active criminal intelligence information, and

31  such portions of meetings are shall be exempt from the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 396
    307-282-02




  1  provisions of s. 286.011 and s. 24(b), Art. I of the State

  2  Constitution, if provided that the following conditions are

  3  met:

  4         a.  The chair of the council shall advise the council

  5  at a public meeting that, in connection with the performance

  6  of a council duty, it is necessary that the council hear or

  7  discuss active criminal investigative information or active

  8  criminal intelligence information.

  9         b.  The chair's declaration of necessity for closure

10  and the specific reasons for such necessity shall be stated in

11  writing in a document that shall be a public record and shall

12  be filed with the official records of the council.

13         c.  The entire closed session shall be recorded. The

14  recording shall include the times of commencement and

15  termination of the closed session, all discussion and

16  proceedings, and the names of all persons present. No portion

17  of the session shall be off the record. Such recording shall

18  be maintained by the council, and is exempt from the

19  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

20  Constitution until such time as the criminal investigative

21  information or criminal intelligence information that

22  justifies closure ceases to be active, at which time the

23  portion of the record related to the no longer active

24  information or intelligence shall be open for public

25  inspection and copying.

26

27  The exemption in this paragraph is subject to the Open

28  Government Sunset Review Act of 1995 in accordance with s.

29  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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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 396
    307-282-02




  1         2.  Only members of the council, Department of Law

  2  Enforcement staff supporting the council's function, and other

  3  persons whose presence has been authorized by the chair of the

  4  council shall be allowed to attend the exempted portions of

  5  the council meetings. The council shall assure that any

  6  closure of its meetings as authorized by this section is

  7  limited so that the general policy of this state in favor of

  8  public meetings is maintained.

  9         (d)  Any Those portions of any public record, such as a

10  tape recording of, and the, minutes, and notes, generated

11  during, that portion of a Florida Violent Crime and Drug

12  Control Council meeting which is closed to the public pursuant

13  to this section, which contain information relating to active

14  criminal investigations or matters constituting active

15  criminal intelligence, are confidential and exempt from the

16  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

17  Constitution until the such criminal investigative information

18  or criminal intelligence information ceases to be active. The

19  exemptions in this paragraph are subject to the Open

20  Government Sunset Review Act of 1995 in accordance with s.

21  119.15 and shall stand repealed on October 2, 2002, unless

22  reviewed and saved from repeal through reenactment by the

23  Legislature.

24         Section 2.  This act shall take effect October 1, 2002.

25

26            *****************************************

27                          SENATE SUMMARY

28    Abrogates the repeal under the Open Government Sunset
      Review Act of 1995 of exemptions from public-records and
29    public-meetings requirements which are granted for any
      meeting or the records of a meeting of the Florida
30    Violent Crime and Drug Control Council at which active
      criminal investigative information or criminal
31    intelligence information is discussed.

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CODING: Words stricken are deletions; words underlined are additions.