Florida Senate - 2009                                    SB 2324
       
       
       
       By Senator Gaetz
       
       
       
       
       4-01615-09                                            20092324__
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         creating s. 288.985, F.S.; creating an exemption from
    4         public-records requirements for specified records
    5         relating to military bases which are held by the
    6         Legislative Oversight Council on United States
    7         Department of Defense Base Realignment and Closure
    8         Activities; creating an exemption from public-meetings
    9         requirements for council meetings at which exempt
   10         information is presented or discussed; creating an
   11         exemption from public-records requirements for records
   12         generated during council meetings that are closed to
   13         the public; providing a penalty; providing for future
   14         legislative review and repeal of the exemption;
   15         providing a statement of public necessity; providing a
   16         contingent effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 288.985, Florida Statutes, is created to
   21  read:
   22         288.985Exemptions from public-records and public-meetings
   23  requirements.—
   24         (1)The following records held by the Legislative Oversight
   25  Council on United States Department of Defense Base Realignment
   26  and Closure Activities are exempt from s. 119.07(1) and s.
   27  24(a), Art. I of the State Constitution:
   28         (a)That portion of a record which relates to strengths and
   29  weaknesses of military installations or military missions in
   30  this state relative to the selection criteria for the
   31  realignment and closure of military bases and missions under any
   32  United States Department of Defense base realignment and closure
   33  process.
   34         (b)That portion of a record which relates to strengths and
   35  weaknesses of military installations or military missions in
   36  other states or territories and the vulnerability of such
   37  installations or missions to base realignment or closure under
   38  the United States Department of Defense base realignment and
   39  closure process, and any agreements or proposals to relocate or
   40  realign military units and missions from other states or
   41  territories.
   42         (c)That portion of a record which relates to the state’s
   43  strategy to retain its military bases during any United States
   44  Department of Defense base realignment and closure process and
   45  any agreements or proposals to relocate or realign military
   46  units and missions.
   47         (2)Meetings or portions of meetings of the Legislative
   48  Oversight Council on United States Department of Defense Base
   49  Realignment and Closure Activities, or a committee or
   50  subcommittee of the council, at which records are presented or
   51  discussed which are exempt under subsection (1) are exempt from
   52  s. 286.011 and s. 24(b), Art. I of the State Constitution.
   53         (3)Any records generated during those portions of meetings
   54  which are closed to the public under subsection (2), including,
   55  but not limited to, minutes, tape recordings, videotapes,
   56  digital recordings, transcriptions, or notes, are exempt under
   57  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   58         (4)Any person who willfully and knowingly violates this
   59  section commits a misdemeanor of the first degree, punishable as
   60  provided in s. 775.082 or s. 775.083.
   61         (5)This section is subject to the Open Government Sunset
   62  Review Act in accordance with s. 119.15, and shall stand
   63  repealed on October 2, 2014, 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 for certain records relating to military base
   67  realignment and closure information held by the Legislative
   68  Oversight Council on United States Department of Defense Base
   69  Realignment and Closure Activities to be exempt from public
   70  disclosure. The Legislature finds that the national defense and
   71  the economic development of the state are greatly enhanced by
   72  the establishment of military installations and defense-related
   73  industries in this state. The Legislature also finds that, given
   74  the economic contribution of military installations and defense
   75  related industries, the state has a substantial financial
   76  interest in the retention of its military bases. Consequently,
   77  if critical information relating to the strengths, weaknesses,
   78  or strategies concerning the location or retention of military
   79  bases in this state is revealed, it would be exceptionally
   80  difficult, if not impossible, for Florida to effectively compete
   81  against other states and territories whose records are not open
   82  to the public. Further, other persons or states, the Federal
   83  Government, or other nations would be unwilling to share
   84  information if such information could be released. Similarly,
   85  the Legislature finds that the ability of the state to protect
   86  military bases and missions in this state from realignment or
   87  closure, or to attract new bases to this state will be impaired
   88  if meetings or portions of meetings held by the council, or a
   89  committee or subcommittee of the council, at which records made
   90  exempt from public disclosure are discussed are not also exempt
   91  from public-meetings requirements. Failure to protect meetings
   92  or portions of meetings during which such records are discussed
   93  would defeat the purpose of the public-records exemption created
   94  by this act. Further, the Legislature finds that records
   95  generated during those portions of meetings that are closed,
   96  including the minutes, tape recordings, videotapes,
   97  transcriptions, or notes from such meetings, must be protected
   98  for the same reasons that justify the closing of those meetings.
   99         Section 3. This act shall take effect July 1, 2009, if SB
  100  ____ or similar legislation is adopted in the same legislative
  101  session or an extension thereof and becomes law.