Senate Bill sb7046pb

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7046

    FOR CONSIDERATION By the Committee on Domestic Security





    583-1116A-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         intelligence activities, or security plans;

  9         requiring that the chair of the council

10         disclose the reason for closing a meeting of

11         the council; requiring that the closed session

12         be recorded; providing that a recording or the

13         minutes and notes generated during a closed

14         meeting are exempt from the public-records law

15         until the investigation or intelligence ceases

16         to be active or the plan is no longer in use;

17         specifying those persons who are authorized to

18         attend a closed meeting of the council;

19         providing for future repeal and legislative

20         review under the Open Government Sunset Review

21         Act; providing a statement of public necessity;

22         providing a contingent 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  Meetings of the Domestic Security Oversight

29  Council; confidentiality; exempted portions of council

30  meetings and records.--

31  

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7046
    583-1116A-05




 1         (1)(a)  That portion of a meeting of the Domestic

 2  Security Oversight Council at which the council will hear or

 3  discuss active criminal investigative information, active

 4  criminal intelligence information, or security system plan

 5  information as provided in s. 119.071 is exempt from the

 6  provisions of s. 286.011 and s. 24(b), Art. I of the State

 7  Constitution, if:

 8         1.  The chair of the council announces at a public

 9  meeting that, in connection with the performance of the

10  council's duties, it is necessary that active criminal

11  investigative information, active criminal intelligence

12  information, or security system plan information as provided

13  in s. 119.071 be discussed;

14         2.  The chair declares the specific reasons why it is

15  necessary to close the meeting in a document that is a public

16  record and filed with the official records of the council; and

17         3.  The entire closed session is recorded. The

18  recording must include the times of commencement and

19  termination of the closed session, all discussion and

20  proceedings, and the names of the persons present. No portion

21  of the session shall be off the record. The recording shall be

22  maintained by the council.

23         (b)  An audio or video recording of, and any minutes

24  and notes generated during, that portion of a council meeting

25  which is closed to the public pursuant to this section are

26  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

27  of the State Constitution until such time as the criminal

28  investigative information or criminal intelligence information

29  ceases to be active or until the security system plan

30  information is no longer in use, whichever is applicable.

31  

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7046
    583-1116A-05




 1         (2)  Only members of the council, staff supporting the

 2  council's function, and other persons whose presence has been

 3  authorized by the chair of the council shall be allowed to

 4  attend the exempted portions of council meetings. The council

 5  shall ensure that any closure of its meetings as authorized by

 6  this section is limited so that the policy of this state in

 7  favor of public meetings is maintained.

 8         (3)  This section is subject to the Open Government

 9  Sunset Review Act of 1995 in accordance with s. 119.15 and

10  shall stand repealed on October 2, 2010, unless reviewed and

11  saved from repeal through reenactment by the Legislature.

12         Section 2.  The Legislature finds that it is a public

13  necessity to close that portion of a meeting of the Domestic

14  Security Oversight Council at which criminal investigative

15  information, criminal intelligence information, or security

16  system plan information as provided in section 119.071,

17  Florida Statutes, is discussed. The council reviews

18  information of a highly sensitive nature involving terrorism

19  activity; counterterrorism methodologies; and planning,

20  training, and operational activities of a coordinated

21  intergovernmental prevention, protection, and response

22  strategy that requires discussion of specific information

23  related to these activities. Public discussion of these

24  activities would result in the sharing of data, methods, and

25  operational techniques that could be used by persons intent on

26  doing harm to the state to perpetrate a terrorist attack.

27  Knowledge of this level of planning and operational

28  information could result in the successful execution of an

29  attack against the residents of this state or nation. This

30  information is exempt from public disclosure pursuant to

31  sections 119.07(6) and 119.071, Florida Statutes, and if the

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7046
    583-1116A-05




 1  meetings at which this exempt information is discussed were

 2  open to the public, the purpose of the exemptions would be

 3  defeated. The council must be able to hear and discuss this

 4  exempt information in full in order to make sound

 5  recommendations to the Governor and Legislature regarding

 6  strategies and activities to protect the welfare of the people

 7  of this state. The ability to fully understand and discuss the

 8  details of criminal investigative information, criminal

 9  intelligence information, and security system plan information

10  related to terrorist activities and counterterrorism measures

11  being considered as part of an overall discussion of strategic

12  planning and funding recommendations for the purchase of

13  specialized equipment, training, or services is critical to

14  the ability of the state to defend against terrorist attacks.

15         Section 3.  This act shall take effect on the same date

16  that Senate Bill ___ or similar legislation takes effect, if

17  such legislation is enacted in the same legislative session,

18  or an extension thereof, and becomes law.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Exempts from the public-meetings law those portions of
      meetings of the Domestic Security Oversight Council at
23    which information is discussed which concerns active
      criminal investigations, intelligence activities, or
24    security plans. Requires that the chair of the council
      disclose the reason for closing a meeting of the council.
25    Provides requirements for the meeting. Exempts from the
      public-records law any recording of, or the minutes and
26    notes generated during, a closed meeting. Provides for
      future repeal and legislative review of the exemptions
27    under the Open Government Sunset Review Act.

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29  

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