Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 2324 Barcode 495912 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/26/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Military Affairs and Domestic Security (Oelrich) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 288.985, Florida Statutes, is created to 6 read: 7 288.985 Exemptions from public-records and public-meetings 8 requirements.— 9 (1) The following records held by the Florida Council on 10 Military Base and Mission Support are exempt from s. 119.07(1) 11 and s. 24(a), Art. I of the State Constitution: 12 (a) That portion of a record which relates to strengths and 13 weaknesses of military installations or military missions in 14 this state relative to the selection criteria for the 15 realignment and closure of military bases and missions under any 16 United States Department of Defense base realignment and closure 17 process. 18 (b) That portion of a record which relates to strengths and 19 weaknesses of military installations or military missions in 20 other states or territories and the vulnerability of such 21 installations or missions to base realignment or closure under 22 the United States Department of Defense base realignment and 23 closure process, and any agreements or proposals to relocate or 24 realign military units and missions from other states or 25 territories. 26 (c) That portion of a record which relates to the state’s 27 strategy to retain its military bases during any United States 28 Department of Defense base realignment and closure process and 29 any agreements or proposals to relocate or realign military 30 units and missions. 31 (2) Meetings or portions of meetings of the Florida Council 32 on Military Base and Mission Support, or a workgroup of the 33 council, at which records are presented or discussed which are 34 exempt under subsection (1) are exempt from s. 286.011 and s. 35 24(b), Art. I of the State Constitution. 36 (3) Any records generated during those portions of meetings 37 which are closed to the public under subsection (2), including, 38 but not limited to, minutes, tape recordings, videotapes, 39 digital recordings, transcriptions, or notes, are exempt under 40 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 41 (4) Any person who willfully and knowingly violates this 42 section commits a misdemeanor of the first degree, punishable as 43 provided in s. 775.082 or s. 775.083. 44 (5) This section is subject to the Open Government Sunset 45 Review Act in accordance with s. 119.15, and shall stand 46 repealed on October 2, 2014, unless reviewed and saved from 47 repeal through reenactment by the Legislature. 48 Section 2. The Legislature finds that it is a public 49 necessity for certain records relating to military base 50 realignment and closure information held by the Florida Council 51 on Military Base and Mission Support to be exempt from public 52 disclosure. The Legislature finds that the national defense and 53 the economic development of the state are greatly enhanced by 54 the establishment of military installations and defense-related 55 industries in this state. The Legislature also finds that, given 56 the economic contribution of military installations and defense 57 related industries, the state has a substantial financial 58 interest in the retention of its military bases. Consequently, 59 if critical information relating to the strengths, weaknesses, 60 or strategies concerning the location or retention of military 61 bases in this state is revealed, it would be exceptionally 62 difficult, if not impossible, for Florida to effectively compete 63 against other states and territories whose records are not open 64 to the public. Further, other persons or states, the Federal 65 Government, or other nations would be unwilling to share 66 information if such information could be released. Similarly, 67 the Legislature finds that the ability of the state to protect 68 military bases and missions in this state from realignment or 69 closure or to attract new bases to this state will be impaired 70 if meetings or portions of meetings held by the council, or a 71 workgroup of the council, at which records made exempt from 72 public disclosure are discussed are not also exempt from public 73 meetings requirements. Failure to protect meetings or portions 74 of meetings during which such records are discussed would defeat 75 the purpose of the public-records exemption created by this act. 76 Further, the Legislature finds that records generated during 77 those portions of meetings which are closed, including the 78 minutes, tape recordings, videotapes, transcriptions, or notes 79 from such meetings, must be protected for the same reasons that 80 justify the closing of those meetings. 81 Section 3. This act shall take effect July 1, 2009, if SB 82 2322 or similar legislation is adopted in the same legislative 83 session or an extension thereof and becomes law. 84 85 ================= T I T L E A M E N D M E N T ================ 86 And the title is amended as follows: 87 Delete everything before the enacting clause 88 and insert: 89 A bill to be entitled 90 An act relating to public records and public meetings; 91 creating s. 288.985, F.S.; creating an exemption from 92 public-records requirements for specified records 93 relating to military bases which are held by the 94 Florida Council on Military Base and Mission Support; 95 creating an exemption from public-meetings 96 requirements for council meetings at which exempt 97 information is presented or discussed; creating an 98 exemption from public-records requirements for records 99 generated during council meetings that are closed to 100 the public; providing a penalty; providing for future 101 legislative review and repeal of the exemption; 102 providing a statement of public necessity; providing a 103 contingent effective date.