HB 1345

1	A bill to be entitled
2	An act relating to an exemption from public records and
3	public meetings requirements; creating s. 288.982, F.S.;
4	creating an exemption from public records requirements for
5	specified materials relating to military installations and
6	military missions subject to the United States Department
7	of Defense Base Realignment and Closure 2005 process, and
8	agreements and proposals to relocate or realign military
9	units and missions, held by the Governor's Advisory
10	Council on Base Realignment and Closure or the Office of
11	Tourism, Trade, and Economic Development within the
12	Executive Office of the Governor; creating an exemption
13	from public meetings requirements for meetings of the
14	advisory council or office at which exempt documents or
15	records are presented or discussed; creating an exemption
16	from public records requirements for records generated
17	during meetings of the advisory council or office that are
18	closed to the public; providing access to exempt or
19	confidential information under specified circumstances;
20	providing a penalty; providing for repeal of the act;
21	providing a statement of public necessity; providing an
22	effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 288.982, Florida Statutes, is created
27	to read:
28	288.982  Exemptions from public records and meetings
29	requirements; Governor's Advisory Council on Base Realignment
30	and Closure and the Office of Tourism, Trade, and Economic
31	Development; United States Department of Defense Base
32	Realignment and Closure 2005 process.--
33	(1)  The following information held by the Governor's
34	Advisory Council on Base Realignment and Closure or the Office
35	of Tourism, Trade, and Economic Development within the Executive
36	Office of the Governor is confidential and exempt from s. 24(a),
37	Art. I of the State Constitution and s. 119.07(1):
38	(a)  Materials that relate to strengths and weaknesses of
39	military installations or military missions in Florida relative
40	to the selection criteria for the realignment and closure of
41	military bases and missions under the United States Department
42	of Defense Base Realignment and Closure 2005 process, which
43	concludes on April 15, 2006.
44	(b)  Materials that relate to strengths and weaknesses of
45	military installations or military missions in other states or
46	territories and the vulnerability of such installations or
47	missions to base realignment or closure under the United States
48	Department of Defense Base Realignment and Closure 2005 process
49	and any agreements or proposals to relocate or realign military
50	units and missions from other states or territories.
51	(c)  Materials that relate to the state?s strategy to
52	retain its military bases during the United States Department of
53	Defense Base Realignment and Closure 2005 process and any
54	agreements or proposals to relocate or realign military units
55	and missions.
56	(2)  Meetings or portions of meetings of the Governor's
57	Advisory Council on Base Realignment and Closure or the Office
58	of Tourism, Trade, and Economic Development, or a committee or
59	subcommittee of the advisory council or office, at which
60	information is presented or discussed that is confidential or
61	exempt under subsection (1) is closed to the public and exempt
62	from s. 24(b), Art. I of the State Constitution and s. 286.011.
63	(3)  Any records generated during those portions of
64	meetings that are closed to the public under subsection (2),
65	including, but not limited to, minutes, tape recordings,
66	videotapes, transcriptions, or notes, are confidential and
67	exempt from s. 24(a), Art. I of the State Constitution and s.
68	119.07(1).
69	(4)  Public employees shall be permitted to inspect and
70	copy records or information made exempt and confidential under
71	this section solely for the necessary performance of their
72	public duties. Public employees receiving such records or
73	information made exempt and confidential under this section must
74	maintain the confidentiality and exempt status of the
75	information. A public employee receiving such exempt or
76	confidential information who violates this subsection commits a
77	misdemeanor of the first degree, punishable as provided in s.
78	775.082 or s. 775.083.
79	(5)  This section shall be repealed on May 31, 2006, unless
80	reenacted by the Legislature.
81	Section 2.  The Legislature finds that the national defense
82	and the economic development of the state are greatly enhanced
83	by the retention and growth of military installations and
84	defense-related industries located in the state. The Legislature
85	also finds that, given the size of the economic contribution of
86	its military installations and defense-related industries, the
87	state has a substantial financial interest in the retention of
88	its military bases. Consequently, the Legislature finds that it
89	is a public necessity that certain materials and records held by
90	the Governor?s Advisory Council on Base Realignment and Closure
91	or the Office of Tourism, Trade, and Economic Development within
92	the Executive Office of the Governor that contain information
93	relating to the realignment and closure of military bases and
94	missions under the United States Department of Defense Base
95	Realignment and Closure 2005 process be made confidential and
96	exempt from public disclosure. The Legislature further finds
97	that it is a public necessity to make exempt and confidential
98	agreements and proposals to relocate or realign military units
99	and missions from other states and territories and agreements
100	and proposals to relocate or realign military units and missions
101	within the state until the United States Department of Defense
102	Base Realignment and Closure 2005 process concludes on April 15,
103	2006. If such records were not protected during the base
104	realignment and closure process, the state would be at a
105	disadvantage in competing for military units and missions. If
106	such information is not made exempt, critical confidential
107	information regarding strategic plans with respect to base
108	realignment and closure would be revealed, making it
109	exceptionally difficult, if not impossible, for Florida to
110	effectively compete against other states and territories whose
111	records and meetings are not required to be open to the public.
112	The exemption provided by this act allows Florida to effectively
113	and efficiently advocate for the retention of its military
114	bases. Failure to protect such information would inhibit efforts
115	by the Governor?s Advisory Council on Base Realignment and
116	Closure because other persons or states, the Federal Government,
117	or other nations could be unwilling to share information if such
118	information could be released. Without protecting such
119	information, Florida would be on an unequal footing with other
120	states and territories that are not required to disclose
121	confidential and exempt information, and such a lack of
122	confidentiality would operate to the economic detriment of the
123	state. Similarly, the Legislature finds that the ability of the
124	Governor?s Advisory Council on Base Realignment and Closure to
125	meet its obligations to protect all military bases and missions
126	in Florida from closure or realignment will be impaired
127	significantly if meetings or portions of meetings held by the
128	advisory council or the Office of Tourism, Trade, and Economic
129	Development at which the records and information made
130	confidential and exempt from public disclosure by this act are
131	discussed are not exempt from public meetings requirements.
132	Failure to protect meetings or portions of meetings during which
133	such confidential records and information are discussed would
134	defeat the exemption created by this act. Further, the
135	Legislature finds that records generated during those portions
136	of meetings that are closed, including the minutes, tape
137	recordings, videotapes, transcriptions, or notes from such
138	meetings, must be protected for the same reasons that justify
139	the closing of those meetings to the public.
140	Section 3.  This act shall take effect upon becoming a law.

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