Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1416
                        Barcode 851644
                            CHAMBER ACTION
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11  The Committee on Domestic Security (Diaz de la Portilla)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 943.0314, Florida Statutes, is
19  created to read:
20         943.0314  Public records and meetings exemptions for
21  the Domestic Security Oversight Council.--
22         (1)(a)  That portion of a meeting of the Domestic
23  Security Oversight Council at which the council will hear or
24  discuss active criminal investigative information or active
25  criminal intelligence information as defined in s. 119.011 is
26  exempt from s. 286.011 and s. 24(b), Art. I of the State
27  Constitution, if:
28         1.  The chair of the council announces at a public
29  meeting that, in connection with the performance of the
30  council's duties, it is necessary that active criminal
31  investigative information or active criminal intelligence
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1416 Barcode 851644 1 information be discussed; 2 2. The chair declares the specific reasons why it is 3 necessary to close the meeting, or portion thereof, in a 4 document that is a public record and filed with the official 5 records of the council; and 6 3. The entire closed meeting is recorded. The 7 recording must include the times of commencement and 8 termination of the closed meeting, all discussion and 9 proceedings, and the names of the persons present. No portion 10 of the closed meeting shall be off the record. The recording 11 shall be maintained by the council. 12 (b) An audio or video recording of, and any minutes 13 and notes generated during, that portion of a closed council 14 meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of 15 the State Constitution until such time as the criminal 16 investigative information or criminal intelligence information 17 ceases to be active, and shall be retained pursuant to the 18 requirements of s. 119.021. 19 (2) Only members of the council, staff supporting the 20 council's functions, and other persons whose presence has been 21 authorized by the chair of the council shall be allowed to 22 attend the exempted portions of council meetings. The council 23 shall ensure that any closure of its meetings as authorized by 24 this section is limited so that the policy of this state in 25 favor of public meetings is maintained. 26 (3) This section is subject to the Open Government 27 Sunset Review Act of 1995 in accordance with s. 119.15 and 28 shall stand repealed on October 2, 2010, unless reviewed and 29 saved from repeal through reenactment by the Legislature. 30 Section 2. The Legislature finds that it is a public 31 necessity to close that portion of a meeting of the Domestic 2 11:15 AM 03/14/05 s1416d-ds36-t01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1416 Barcode 851644 1 Security Oversight Council at which criminal investigative 2 information or criminal intelligence information is discussed. 3 The council reviews information of a highly sensitive nature 4 involving terrorism activity; counterterrorism methodologies; 5 and planning, training, and operational activities of a 6 coordinated intergovernmental prevention, protection, and 7 response strategy that requires discussion of specific 8 information related to these activities. Public discussion of 9 these activities would result in the sharing of data, methods, 10 and operational techniques that could be used by persons 11 intent on doing harm to the state to perpetrate a terrorist 12 attack. Knowledge of this level of planning and operational 13 information could result in the successful execution of an 14 attack against the residents of this state or nation. This 15 information is exempt from public disclosure pursuant to 16 sections 119.07(6) and 119.071, Florida Statutes, and if the 17 meetings at which this exempt information is discussed were 18 open to the public, the purpose of the exemptions would be 19 defeated. The council must be able to hear and discuss this 20 exempt information in full in order to make sound 21 recommendations to the Governor and Legislature regarding 22 strategies and activities to protect the welfare of the people 23 of this state. The ability to fully understand and discuss the 24 details of criminal investigative information or criminal 25 intelligence information related to terrorist activities and 26 counterterrorism measures being considered as part of an 27 overall discussion of strategic planning and funding 28 recommendations for the purchase of specialized equipment, 29 training, or services is critical to the ability of the state 30 to defend against terrorist attacks. 31 Section 3. This act shall take effect on the same date 3 11:15 AM 03/14/05 s1416d-ds36-t01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1416 Barcode 851644 1 that SB 1414 or similar legislation takes effect, if such 2 legislation is enacted in the same legislative session, or an 3 extension thereof, and becomes law. 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 Delete everything before the enacting clause 9 10 and insert: 11 A bill to be entitled 12 An act relating to public meetings and records; 13 creating s. 943.0314, F.S.; providing that 14 portions of meetings of the Domestic Security 15 Oversight Council are exempt from the 16 public-meetings law if information is discussed 17 which concerns active criminal investigations 18 or intelligence activities; requiring that the 19 chair of the council disclose the reason for 20 closing a meeting of the council; requiring 21 that the closed session be recorded; providing 22 that a recording or the minutes and notes 23 generated during a closed meeting are exempt 24 from the public-records law until the 25 investigation or intelligence ceases to be 26 active; specifying those persons who are 27 authorized to attend a closed meeting of the 28 council; providing for future repeal and 29 legislative review under the Open Government 30 Sunset Review Act; providing a statement of 31 public necessity; providing a contingent 4 11:15 AM 03/14/05 s1416d-ds36-t01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1416 Barcode 851644 1 effective date. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 11:15 AM 03/14/05 s1416d-ds36-t01