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A bill to be entitled

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An act relating to public meetings and public records;

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creating s. 311.23, F.S.; providing an exemption from

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public-meetings requirements for meetings or portions of

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meetings of the governing board of a public seaport

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authority at which the board hears or discusses active

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criminal investigative information or active criminal

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intelligence information or receives a security briefing

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from the Department of Law Enforcement; providing

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conditions precedent to the closing of such meeting or

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portion thereof; providing an exemption from

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public-records requirements for an audio or video

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recording of a closed meeting of the board and any minutes

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and notes generated during the closed meeting until the

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criminal investigative information or criminal

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intelligence information heard or discussed therein ceases

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to be active or the security plan is no longer in effect;

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specifying those persons who are authorized to attend a

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closed meeting of the board; providing for review and

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repeal under the Open Government Sunset Review Act;

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providing a statement of public necessity; providing a

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contingent effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 311.23, Florida Statutes, is created to

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read:

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     311.23 Public-records and public-meetings exemptions;

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governing boards of public seaport authorities.--

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     (1)(a) That portion of a meeting of the governing board of

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a public seaport authority at which the board will hear or

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discuss active criminal investigative information or active

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criminal intelligence information as defined in s. 119.011 or

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security plan briefings from the Department of Law Enforcement is

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exempt from s. 286.011 and s. 24(b), Art. I of the State

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Constitution, if:

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     1. The chair of the board announces at a public meeting

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that, in connection with the performance of the board's duties,

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it is necessary that active criminal investigative information or

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active criminal intelligence information be discussed or the

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security briefing be presented.

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     2. The chair declares the specific reasons that it is

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necessary to close the meeting, or portion thereof, in a document

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that is a public record and filed with the official records of

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the board.

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     3. The entire closed meeting is recorded. The recording

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must include the times of commencement and termination of the

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closed meeting or portion thereof, all discussion and

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

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the closed meeting shall be off the record. The recording shall

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be maintained by the board.

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

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notes generated during, a closed meeting of the board or closed

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portion of a meeting of the board are exempt from s. 119.07(1)

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and s. 24(a), Art. I of the State Constitution until such time as

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the criminal investigative information or criminal intelligence

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information heard or discussed therein ceases to be active or the

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security plan is no longer in effect. Such audio or video

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recording and minutes and notes shall be retained pursuant to the

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requirements of s. 119.021.

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     (2) Only members of the board, staff supporting the board's

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functions, and other persons whose presence has been authorized

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by the chair of the board shall be allowed to attend the exempted

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portions of board meetings. The board shall ensure that any

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closure of its meetings as authorized by this section is limited

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so that the policy of this state in favor of public meetings is

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maintained.

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

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Review Act in accordance with s. 119.15 and shall stand repealed

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on October 2, 2013, unless reviewed and saved from repeal through

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reenactment by the Legislature.

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     Section 2. The Legislature finds that it is a public

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necessity that any meeting or portion of a meeting of the

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governing board of a public seaport authority at which criminal

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investigative information or criminal intelligence information is

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discussed or a security briefing is given by the Department of

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Law Enforcement be held exempt from s. 286.011 and s. 24(b), Art.

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I of the State Constitution. The Legislature also finds that it

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is a public necessity that an audio or video recording of, and

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any minutes and notes generated during, a closed meeting or

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closed portion of a meeting of the governing board of a public

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seaport authority be held exempt from s. 119.07(1) and s. 24(a),

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Art. I of the State Constitution until such time as the criminal

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investigative information or criminal intelligence information

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heard or discussed at such meeting ceases to be active or the

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seaport security plan ceases to be effective. The board is to be

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briefed on information of a highly sensitive nature involving

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terrorism activity, counterterrorism methodologies, and planning,

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training, and operational activities of a coordinated

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intergovernmental prevention, protection, and response strategy

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that requires discussion of specific information related to these

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activities. Public discussion of these activities would result in

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the sharing of data, methods, and operational techniques that

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could be used by persons intent on doing harm to the state to

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perpetrate a terrorist attack. Knowledge of this level of

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planning and operational information could result in the

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successful execution of an attack against the residents of this

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state or nation. This information is exempt from public

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disclosure pursuant to ss. 119.07(6) and 119.071, Florida

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Statutes, and if the meetings at which this exempt information is

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discussed were open to the public, the purpose of the exemptions

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would be defeated. The board must be able to hear and discuss

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this exempt information in full in order to make sound fiduciary

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decisions based on risks, threats, and vulnerabilities to the

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critical infrastructure owned and operated by the seaport

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authority to protect the welfare of the people of this state. The

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ability to fully understand and discuss the details of criminal

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investigative information and criminal intelligence information

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related to terrorist activities and counterterrorism measures

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being considered as part of an overall discussion of strategic

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planning and funding recommendations for the purchase of

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specialized equipment, training, or services is critical to the

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ability of the board to defend against terrorist attacks.

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

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SB ____ or similar legislation takes effect, if such legislation

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is enacted in the same legislative session or an extension

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thereof and becomes law.