Senate Bill sb1416c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 1416
By the Committee on Domestic Security; and Senator Diaz de la
Portilla
583-1787-05
1 A bill to be entitled
2 An act relating to public meetings and records;
3 creating s. 943.0314, F.S.; providing that
4 portions of meetings of the Domestic Security
5 Oversight Council are exempt from the
6 public-meetings law if information is discussed
7 which concerns active criminal investigations
8 or intelligence activities; requiring that the
9 chair of the council disclose the reason for
10 closing a meeting of the council; requiring
11 that the closed session be recorded; providing
12 that a recording or the minutes and notes
13 generated during a closed meeting are exempt
14 from the public-records law until the
15 investigation or intelligence ceases to be
16 active; specifying those persons who are
17 authorized to attend a closed meeting of the
18 council; providing for future repeal and
19 legislative review under the Open Government
20 Sunset Review Act; providing a statement of
21 public necessity; providing a contingent
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 943.0314, Florida Statutes, is
27 created to read:
28 943.0314 Public records and meetings exemptions for
29 the Domestic Security Oversight Council.--
30 (1)(a) That portion of a meeting of the Domestic
31 Security Oversight Council at which the council will hear or
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 1416
583-1787-05
1 discuss active criminal investigative information or active
2 criminal intelligence information as defined in s. 119.011 is
3 exempt from s. 286.011 and s. 24(b), Art. I of the State
4 Constitution, if:
5 1. The chair of the council announces at a public
6 meeting that, in connection with the performance of the
7 council's duties, it is necessary that active criminal
8 investigative information or active criminal intelligence
9 information be discussed;
10 2. The chair declares the specific reasons why it is
11 necessary to close the meeting, or portion thereof, in a
12 document that is a public record and filed with the official
13 records of the council; and
14 3. The entire closed meeting is recorded. The
15 recording must include the times of commencement and
16 termination of the closed meeting, all discussion and
17 proceedings, and the names of the persons present. No portion
18 of the closed meeting shall be off the record. The recording
19 shall be maintained by the council.
20 (b) An audio or video recording of, and any minutes
21 and notes generated during, that portion of a closed council
22 meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of
23 the State Constitution until such time as the criminal
24 investigative information or criminal intelligence information
25 ceases to be active, and shall be retained pursuant to the
26 requirements of s. 119.021.
27 (2) Only members of the council, staff supporting the
28 council's functions, and other persons whose presence has been
29 authorized by the chair of the council shall be allowed to
30 attend the exempted portions of council meetings. The council
31 shall ensure that any closure of its meetings as authorized by
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 1416
583-1787-05
1 this section is limited so that the policy of this state in
2 favor of public meetings is maintained.
3 (3) This section is subject to the Open Government
4 Sunset Review Act of 1995 in accordance with s. 119.15 and
5 shall stand repealed on October 2, 2010, unless reviewed and
6 saved from repeal through reenactment by the Legislature.
7 Section 2. The Legislature finds that it is a public
8 necessity to close that portion of a meeting of the Domestic
9 Security Oversight Council at which criminal investigative
10 information or criminal intelligence information is discussed.
11 The council reviews information of a highly sensitive nature
12 involving terrorism activity; counterterrorism methodologies;
13 and planning, training, and operational activities of a
14 coordinated intergovernmental prevention, protection, and
15 response strategy that requires discussion of specific
16 information related to these activities. Public discussion of
17 these activities would result in the sharing of data, methods,
18 and operational techniques that could be used by persons
19 intent on doing harm to the state to perpetrate a terrorist
20 attack. Knowledge of this level of planning and operational
21 information could result in the successful execution of an
22 attack against the residents of this state or nation. This
23 information is exempt from public disclosure pursuant to
24 sections 119.07(6) and 119.071, Florida Statutes, and if the
25 meetings at which this exempt information is discussed were
26 open to the public, the purpose of the exemptions would be
27 defeated. The council must be able to hear and discuss this
28 exempt information in full in order to make sound
29 recommendations to the Governor and Legislature regarding
30 strategies and activities to protect the welfare of the people
31 of this state. The ability to fully understand and discuss the
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 1416
583-1787-05
1 details of criminal investigative information or criminal
2 intelligence information related to terrorist activities and
3 counterterrorism measures being considered as part of an
4 overall discussion of strategic planning and funding
5 recommendations for the purchase of specialized equipment,
6 training, or services is critical to the ability of the state
7 to defend against terrorist attacks.
8 Section 3. This act shall take effect on the same date
9 that SB 1414 or similar legislation takes effect, if such
10 legislation is enacted in the same legislative session, or an
11 extension thereof, and becomes law.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 Senate Bill 1416
15
16 This bill deletes references to confidentiality and security
system plans information in order to conform the bill to its
17 House companion, HB 1801. Security system plans are already
exempt under s. 286.0113, F.S.
18
The bill clarifies that a portion of a Domestic Security
19 Council meeting can be held in public and a portion of the
meeting closed to the public and also adds a reference to s.
20 119.071, F.S., regarding retention of audio or video records
of closed meetings.
21
22
23
24
25
26
27
28
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.