HB 1345

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

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