| 1 | A bill to be entitled |
| 2 | An act relating to public meetings and public records; |
| 3 | creating s. 943.0314, F.S.; providing an exemption from |
| 4 | public meetings requirements for meetings or portions of |
| 5 | meetings of the Domestic Security Oversight Council at |
| 6 | which the council hears or discusses active criminal |
| 7 | investigative information or active criminal intelligence |
| 8 | information; providing conditions precedent to the closing |
| 9 | of such meeting or portion thereof; providing an exemption |
| 10 | from public records requirements for an audio or video |
| 11 | recording of a closed meeting of the council and any |
| 12 | minutes and notes generated during the closed meeting |
| 13 | until the criminal investigative information or criminal |
| 14 | intelligence information heard or discussed therein ceases |
| 15 | to be active; specifying those persons who are authorized |
| 16 | to attend a closed meeting of the council; providing for |
| 17 | review and repeal; providing a statement of public |
| 18 | necessity; providing a contingent effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Section 943.0314, Florida Statutes, is created |
| 23 | to read: |
| 24 | 943.0314 Public records and public meetings exemptions; |
| 25 | Domestic Security Oversight Council.-- |
| 26 | (1)(a) That portion of a meeting of the Domestic Security |
| 27 | Oversight Council at which the council will hear or discuss |
| 28 | active criminal investigative information or active criminal |
| 29 | intelligence information as defined in s. 119.011 is exempt from |
| 30 | s. 286.011 and s. 24(b), Art. I of the State Constitution, if: |
| 31 | 1. The chair of the council announces at a public meeting |
| 32 | that, in connection with the performance of the council's |
| 33 | duties, it is necessary that active criminal investigative |
| 34 | information or active criminal intelligence information be |
| 35 | discussed. |
| 36 | 2. The chair declares the specific reasons that it is |
| 37 | necessary to close the meeting, or portion thereof, in a |
| 38 | document that is a public record and filed with the official |
| 39 | records of the council. |
| 40 | 3. The entire closed meeting is recorded. The recording |
| 41 | must include the times of commencement and termination of the |
| 42 | closed meeting or portion thereof, all discussion and |
| 43 | proceedings, and the names of the persons present. No portion of |
| 44 | the closed meeting shall be off the record. The recording shall |
| 45 | be maintained by the council. |
| 46 | (b) An audio or video recording of, and any minutes and |
| 47 | notes generated during, a closed meeting of the council or |
| 48 | closed portion of a meeting of the council are exempt from s. |
| 49 | 119.07(1) and s. 24(a), Art. I of the State Constitution until |
| 50 | such time as the criminal investigative information or criminal |
| 51 | intelligence information heard or discussed therein ceases to be |
| 52 | active. Such audio or video recording and minutes and notes |
| 53 | shall be retained pursuant to the requirements of s. 119.021. |
| 54 | (2) Only members of the council, staff supporting the |
| 55 | council's functions, and other persons whose presence has been |
| 56 | authorized by the chair of the council shall be allowed to |
| 57 | attend the exempted portions of council meetings. The council |
| 58 | shall ensure that any closure of its meetings as authorized by |
| 59 | this section is limited so that the policy of this state in |
| 60 | favor of public meetings is maintained. |
| 61 | (3) This section is subject to the Open Government Sunset |
| 62 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
| 63 | repealed on October 2, 2010, unless reviewed and saved from |
| 64 | repeal through reenactment by the Legislature. |
| 65 | Section 2. The Legislature finds that it is a public |
| 66 | necessity that any meeting or portion of a meeting of the |
| 67 | Domestic Security Oversight Council at which criminal |
| 68 | investigative information or criminal intelligence information |
| 69 | is discussed be held exempt from s. 286.011 and s. 24(b), Art. I |
| 70 | of the State Constitution. The Legislature also finds that it is |
| 71 | a public necessity that an audio or video recording of, and any |
| 72 | minutes and notes generated during, a closed meeting or closed |
| 73 | portion of a meeting of the Domestic Security Oversight Council |
| 74 | be held exempt from s. 119.07(1) and s. 24(a), Art. I of the |
| 75 | State Constitution until such time as the criminal investigative |
| 76 | information or criminal intelligence information heard or |
| 77 | discussed at such meeting ceases to be active. The council |
| 78 | reviews information of a highly sensitive nature involving |
| 79 | terrorism activity, counterterrorism methodologies, and |
| 80 | planning, training, and operational activities of a coordinated |
| 81 | intergovernmental prevention, protection, and response strategy |
| 82 | that requires discussion of specific information related to |
| 83 | these activities. Public discussion of these activities would |
| 84 | result in the sharing of data, methods, and operational |
| 85 | techniques that could be used by persons intent on doing harm to |
| 86 | the state to perpetrate a terrorist attack. Knowledge of this |
| 87 | level of planning and operational information could result in |
| 88 | the successful execution of an attack against the residents of |
| 89 | this state or nation. This information is exempt from public |
| 90 | disclosure pursuant to ss. 119.07(6) and 119.071, Florida |
| 91 | Statutes, and if the meetings at which this exempt information |
| 92 | is discussed were open to the public, the purpose of the |
| 93 | exemptions would be defeated. The council must be able to hear |
| 94 | and discuss this exempt information in full in order to make |
| 95 | sound recommendations to the Governor and Legislature regarding |
| 96 | strategies and activities to protect the welfare of the people |
| 97 | of this state. The ability to fully understand and discuss the |
| 98 | details of criminal investigative information and criminal |
| 99 | intelligence information related to terrorist activities and |
| 100 | counterterrorism measures being considered as part of an overall |
| 101 | discussion of strategic planning and funding recommendations for |
| 102 | the purchase of specialized equipment, training, or services is |
| 103 | critical to the ability of the state to defend against terrorist |
| 104 | attacks. |
| 105 | Section 3. This act shall take effect on the same date |
| 106 | that HB 1715 or similar legislation takes effect, if such |
| 107 | legislation is enacted in the same legislative session or an |
| 108 | extension thereof and becomes law. |