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: 22 288.985 Exemptions 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.