Senate Bill sb2496

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    Florida Senate - 2004                                  SB 2496

    By Senator Fasano





    11-1569-04

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating an exemption from public records and

  4         public meetings requirements for certain

  5         information held by the Governor's Advisory

  6         Council on Base Realignment and Closure or the

  7         Office of Tourism, Trade, and Economic

  8         Development; creating an exemption from public

  9         records requirements for certain specified

10         documents and materials received or developed

11         by sources in service to the Governor's

12         Advisory Council on Base Realignment and

13         Closure; creating an exemption from public

14         meetings requirements for meetings of the

15         Governor's Advisory Council on Base Realignment

16         and Closure if exempt documents or records are

17         presented or discussed; providing access to

18         exempt or confidential information under

19         specified circumstances; providing a penalty;

20         providing for future repeal and legislative

21         review under the Open Government Sunset Review

22         Act of 1995; providing a statement of public

23         necessity; providing an effective date.

24  

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

26  

27         Section 1.  Exemptions from public records and meetings

28  requirements; Governor's Advisory Council on Base Realignment

29  and Closure and the Office of Tourism, Trade, and Economic

30  Development.--

31  

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    Florida Senate - 2004                                  SB 2496
    11-1569-04




 1         (1)  The following information held by the Governor's

 2  Advisory Council on Base Realignment and Closure or the Office

 3  of Tourism, Trade, and Economic Development is confidential

 4  and exempt from Section 24(a), Article I of the State

 5  Constitution and section 119.07(1), Florida Statutes:

 6         (a)  Materials that relate to strengths or weaknesses

 7  of military installations or military missions in this state

 8  relative to the selection criteria of the United States

 9  Department of Defense for base realignment and closure.

10         (b)  Materials that relate to the vulnerability or

11  immunity of military installations or military missions in

12  other states or territories with respect to closure or

13  realignment.

14         (c)  Materials that relate to the state's strategy to

15  retain its military installations as a response to the federal

16  authorization of realignments and closures of military

17  installations in 2005.

18         (2)  That portion of a meeting of the Governor's

19  Advisory Council on Base Realignment and Closure, including a

20  committee or subcommittee comprised of members of the

21  Governor's Advisory Council on Base Realignment and Closure,

22  at which information is presented or discussed which is

23  confidential or exempt under subsection (1) is closed to the

24  public and exempt from Section 24(b), Article I of the State

25  Constitution and section 286.011, Florida Statutes.

26         (3)  Any records generated during those portions of the

27  meetings which are closed to the public under subsection (2),

28  such as minutes, tape recordings, videotapes, transcriptions,

29  or notes are confidential and exempt from Section 24(a),

30  Article I of the State Constitution and section 119.07(1),

31  Florida Statutes.

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    Florida Senate - 2004                                  SB 2496
    11-1569-04




 1         (4)  Public employees shall be permitted to inspect and

 2  copy records or information that is made exempt and

 3  confidential under this section exclusively for the

 4  performance of their public duties. Public employees receiving

 5  this exempt and confidential information must maintain the

 6  confidentiality of the information. Any such public employee

 7  who receives confidential information and violates this

 8  subsection commits a misdemeanor of the first degree,

 9  punishable as provided in section 775.082 or section 775.083,

10  Florida Statutes.

11         (5)  This section is subject to the Open Government

12  Sunset Review Act of 1995 in accordance with section 119.15,

13  Florida Statutes, and shall stand repealed on October 2, 2009,

14  unless reviewed and saved from repeal through reenactment by

15  the Legislature.

16         Section 2.  (1)  The Legislature finds that it is a

17  public necessity that certain records held by the Governor's

18  Advisory Council on Base Realignment and Closure or the Office

19  of Tourism, Trade, and Economic Development which contain

20  information concerning military base realignment and closure

21  be made confidential and exempt from public disclosure. The

22  Legislature finds that the national defense and the economic

23  development of the state are greatly enhanced by the retention

24  and growth of military installations and defense-related

25  industries that are located in the state.

26         (2)  The Legislature also finds that it is a public

27  necessity to make exempt and confidential agreements and

28  proposals to relocate or realign military units and missions

29  from other states and territories or relocate or realign

30  military units and mission within the state that enhance the

31  military value of the military presence in the state until

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    Florida Senate - 2004                                  SB 2496
    11-1569-04




 1  after the conclusion of the base realignment and closure

 2  process, which concludes with the termination of the Base

 3  Realignment and Closure Commission on April 15, 2006. If these

 4  records are not protected during the base realignment and

 5  closure process, the state would be at a competitive

 6  disadvantage in competing for those military units and

 7  missions. If such information is not exempt from disclosure

 8  and such meetings are not closed, critical confidential

 9  information concerning strategic plans regarding base

10  realignment and closure would be revealed, making it

11  exceptionally difficult, if not impossible, for this state to

12  effectively compete against other states and territories whose

13  records and meetings are not required to be open to the

14  public. The exemption allows this state the ability to

15  effectively and efficiently advocate for the retention of its

16  military bases.

17         (3)  Failure to protect such information would inhibit

18  efforts by the Governor's Council on Base Realignment and

19  Closure because other persons, states, the Federal Government,

20  or nations could be unwilling to share information if it could

21  be released. Without protecting such information, this state

22  would be on an unequal standing with other states and

23  territories that are not required to disclose confidential and

24  exempt information, and thus operate to the economic detriment

25  of the state.

26         (4)  Similarly, the Legislature finds that the ability

27  of the Governor's Advisory Council on Base Realignment and

28  Closure to meet its obligations to protect all military bases

29  and missions in this state from closure or realignment will be

30  impaired significantly if meetings held by the Governor's

31  Advisory Council on Base Realignment and Closure or the Office

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    Florida Senate - 2004                                  SB 2496
    11-1569-04




 1  of Tourism, Trade, and Economic Development at which the

 2  records and information made confidential and exempt from

 3  public disclosure by this act are discussed are not closed.

 4  Failure to protect that portion of meetings during which such

 5  confidential records and information are discussed would

 6  defeat the exemption created by this act. In addition, the

 7  Legislature finds that records generated during those portions

 8  of meetings which are closed, and the minutes, tape

 9  recordings, videotapes, transcriptions, or notes, must be

10  protected for the same reasons that those portions of the

11  meetings are closed.

12         (5)  The Legislature also finds that, given the size of

13  the economic contribution of its military installations and

14  defense-related industries, the state has a substantial

15  financial interest in the retention of its military bases.

16         Section 3.  This act shall take effect October 1, 2004.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Creates an exemption from public-records requirements for
      certain information held by the Governor's Advisory
21    Council on Base Realignment and Closure or the Office of
      Tourism, Trade, and Economic Development. Creates an
22    exemption from public meetings requirements for meetings
      of the Governor's Advisory Council on Base Realignment
23    and Closure if exempt documents or records are presented
      or discussed. Provides access to exempt or confidential
24    information under specified circumstances. Provides a
      penalty. Provides for future legislative review and
25    repeal of exemption.

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