Florida Senate - 2009 CS for SB 2324 By the Committee on Military Affairs and Domestic Security; and Senator Gaetz 583-03507-09 20092324c1 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 Florida Council on Military Base and Mission Support; 7 creating an exemption from public-meetings 8 requirements for council meetings at which exempt 9 information is presented or discussed; creating an 10 exemption from public-records requirements for records 11 generated during council meetings that are closed to 12 the public; providing a penalty; providing for future 13 legislative review and repeal of the exemption; 14 providing a statement of public necessity; providing a 15 contingent effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 288.985, Florida Statutes, is created to 20 read: 21 288.985 Exemptions from public-records and public-meetings 22 requirements.— 23 (1) The following records held by the Florida Council on 24 Military Base and Mission Support are exempt from s. 119.07(1) 25 and s. 24(a), Art. I of the State Constitution: 26 (a) That portion of a record which relates to strengths and 27 weaknesses of military installations or military missions in 28 this state relative to the selection criteria for the 29 realignment and closure of military bases and missions under any 30 United States Department of Defense base realignment and closure 31 process. 32 (b) That portion of a record which relates to strengths and 33 weaknesses of military installations or military missions in 34 other states or territories and the vulnerability of such 35 installations or missions to base realignment or closure under 36 the United States Department of Defense base realignment and 37 closure process, and any agreements or proposals to relocate or 38 realign military units and missions from other states or 39 territories. 40 (c) That portion of a record which relates to the state’s 41 strategy to retain its military bases during any United States 42 Department of Defense base realignment and closure process and 43 any agreements or proposals to relocate or realign military 44 units and missions. 45 (2) Meetings or portions of meetings of the Florida Council 46 on Military Base and Mission Support, or a workgroup of the 47 council, at which records are presented or discussed which are 48 exempt under subsection (1) are exempt from s. 286.011 and s. 49 24(b), Art. I of the State Constitution. 50 (3) Any records generated during those portions of meetings 51 which are closed to the public under subsection (2), including, 52 but not limited to, minutes, tape recordings, videotapes, 53 digital recordings, transcriptions, or notes, are exempt under 54 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 55 (4) Any person who willfully and knowingly violates this 56 section commits a misdemeanor of the first degree, punishable as 57 provided in s. 775.082 or s. 775.083. 58 (5) This section is subject to the Open Government Sunset 59 Review Act in accordance with s. 119.15, and shall stand 60 repealed on October 2, 2014, unless reviewed and saved from 61 repeal through reenactment by the Legislature. 62 Section 2. The Legislature finds that it is a public 63 necessity for certain records relating to military base 64 realignment and closure information held by the Florida Council 65 on Military Base and Mission Support to be exempt from public 66 disclosure. The Legislature finds that the national defense and 67 the economic development of the state are greatly enhanced by 68 the establishment of military installations and defense-related 69 industries in this state. The Legislature also finds that, given 70 the economic contribution of military installations and defense 71 related industries, the state has a substantial financial 72 interest in the retention of its military bases. Consequently, 73 if critical information relating to the strengths, weaknesses, 74 or strategies concerning the location or retention of military 75 bases in this state is revealed, it would be exceptionally 76 difficult, if not impossible, for Florida to effectively compete 77 against other states and territories whose records are not open 78 to the public. Further, other persons or states, the Federal 79 Government, or other nations would be unwilling to share 80 information if such information could be released. Similarly, 81 the Legislature finds that the ability of the state to protect 82 military bases and missions in this state from realignment or 83 closure or to attract new bases to this state will be impaired 84 if meetings or portions of meetings held by the council, or a 85 workgroup of the council, at which records made exempt from 86 public disclosure are discussed are not also exempt from public 87 meetings requirements. Failure to protect meetings or portions 88 of meetings during which such records are discussed would defeat 89 the purpose of the public-records exemption created by this act. 90 Further, the Legislature finds that records generated during 91 those portions of meetings which are closed, including the 92 minutes, tape recordings, videotapes, transcriptions, or notes 93 from such meetings, must be protected for the same reasons that 94 justify the closing of those meetings. 95 Section 3. This act shall take effect July 1, 2009, if SB 96 2322 or similar legislation is adopted in the same legislative 97 session or an extension thereof and becomes law.