HB 1801

1
A bill to be entitled
2An act relating to public meetings and public records;
3creating s. 943.0314, F.S.; providing an exemption from
4public meetings requirements for meetings or portions of
5meetings of the Domestic Security Oversight Council at
6which the council hears or discusses active criminal
7investigative information or active criminal intelligence
8information; providing conditions precedent to the closing
9of such meeting or portion thereof; providing an exemption
10from public records requirements for an audio or video
11recording of a closed meeting of the council and any
12minutes and notes generated during the closed meeting
13until the criminal investigative information or criminal
14intelligence information heard or discussed therein ceases
15to be active; specifying those persons who are authorized
16to attend a closed meeting of the council; providing for
17review and repeal; providing a statement of public
18necessity; providing a contingent effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 943.0314, Florida Statutes, is created
23to read:
24     943.0314  Public records and public meetings exemptions;
25Domestic Security Oversight Council.--
26     (1)(a)  That portion of a meeting of the Domestic Security
27Oversight Council at which the council will hear or discuss
28active criminal investigative information or active criminal
29intelligence information as defined in s. 119.011 is exempt from
30s. 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
32that, in connection with the performance of the council's
33duties, it is necessary that active criminal investigative
34information or active criminal intelligence information be
35discussed.
36     2.  The chair declares the specific reasons that it is
37necessary to close the meeting, or portion thereof, in a
38document that is a public record and filed with the official
39records of the council.
40     3.  The entire closed meeting is recorded. The recording
41must include the times of commencement and termination of the
42closed meeting or portion thereof, all discussion and
43proceedings, and the names of the persons present. No portion of
44the closed meeting shall be off the record. The recording shall
45be maintained by the council.
46     (b)  An audio or video recording of, and any minutes and
47notes generated during, a closed meeting of the council or
48closed portion of a meeting of the council are exempt from s.
49119.07(1) and s. 24(a), Art. I of the State Constitution until
50such time as the criminal investigative information or criminal
51intelligence information heard or discussed therein ceases to be
52active. Such audio or video recording and minutes and notes
53shall be retained pursuant to the requirements of s. 119.021.
54     (2)  Only members of the council, staff supporting the
55council's functions, and other persons whose presence has been
56authorized by the chair of the council shall be allowed to
57attend the exempted portions of council meetings. The council
58shall ensure that any closure of its meetings as authorized by
59this section is limited so that the policy of this state in
60favor of public meetings is maintained.
61     (3)  This section is subject to the Open Government Sunset
62Review Act of 1995 in accordance with s. 119.15 and shall stand
63repealed on October 2, 2010, unless reviewed and saved from
64repeal through reenactment by the Legislature.
65     Section 2.  The Legislature finds that it is a public
66necessity that any meeting or portion of a meeting of the
67Domestic Security Oversight Council at which criminal
68investigative information or criminal intelligence information
69is discussed be held exempt from s. 286.011 and s. 24(b), Art. I
70of the State Constitution. The Legislature also finds that it is
71a public necessity that an audio or video recording of, and any
72minutes and notes generated during, a closed meeting or closed
73portion of a meeting of the Domestic Security Oversight Council
74be held exempt from s. 119.07(1) and s. 24(a), Art. I of the
75State Constitution until such time as the criminal investigative
76information or criminal intelligence information heard or
77discussed at such meeting ceases to be active. The council
78reviews information of a highly sensitive nature involving
79terrorism activity, counterterrorism methodologies, and
80planning, training, and operational activities of a coordinated
81intergovernmental prevention, protection, and response strategy
82that requires discussion of specific information related to
83these activities. Public discussion of these activities would
84result in the sharing of data, methods, and operational
85techniques that could be used by persons intent on doing harm to
86the state to perpetrate a terrorist attack. Knowledge of this
87level of planning and operational information could result in
88the successful execution of an attack against the residents of
89this state or nation. This information is exempt from public
90disclosure pursuant to ss. 119.07(6) and 119.071, Florida
91Statutes, and if the meetings at which this exempt information
92is discussed were open to the public, the purpose of the
93exemptions would be defeated. The council must be able to hear
94and discuss this exempt information in full in order to make
95sound recommendations to the Governor and Legislature regarding
96strategies and activities to protect the welfare of the people
97of this state. The ability to fully understand and discuss the
98details of criminal investigative information and criminal
99intelligence information related to terrorist activities and
100counterterrorism measures being considered as part of an overall
101discussion of strategic planning and funding recommendations for
102the purchase of specialized equipment, training, or services is
103critical to the ability of the state to defend against terrorist
104attacks.
105     Section 3.  This act shall take effect on the same date
106that HB 1715 or similar legislation takes effect, if such
107legislation is enacted in the same legislative session or an
108extension thereof and becomes law.


CODING: Words stricken are deletions; words underlined are additions.