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:
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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.--
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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
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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
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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.
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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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