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 relating |
5 | to military bases which are held by the Florida Council on |
6 | Military Base and Mission Support; creating an exemption |
7 | from public meetings requirements for council meetings at |
8 | which exempt information is presented or discussed; |
9 | creating an exemption from public records requirements for |
10 | records generated during council meetings that are closed |
11 | to the public; providing a penalty; providing for future |
12 | legislative review and repeal of the exemption; providing |
13 | a statement of public necessity; providing a contingent |
14 | effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Section 288.985, Florida Statutes, is created |
19 | to read: |
20 | 288.985 Exemptions from public records and public meetings |
21 | requirements.-- |
22 | (1) The following records held by the Florida Council on |
23 | Military Base and Mission Support are exempt from s. 119.07(1) |
24 | and s. 24(a), Art. I of the State Constitution: |
25 | (a) That portion of a record which relates to strengths |
26 | and weaknesses of military installations or military missions in |
27 | this state relative to the selection criteria for the |
28 | realignment and closure of military bases and missions under any |
29 | United States Department of Defense base realignment and closure |
30 | process. |
31 | (b) That portion of a record which relates to strengths |
32 | and weaknesses of military installations or military missions in |
33 | other states or territories and the vulnerability of such |
34 | installations or missions to base realignment or closure under |
35 | the United States Department of Defense base realignment and |
36 | closure process, and any agreements or proposals to relocate or |
37 | realign military units and missions from other states or |
38 | territories. |
39 | (c) That portion of a record which relates to the state's |
40 | strategy to retain its military bases during any United States |
41 | Department of Defense base realignment and closure process and |
42 | any agreements or proposals to relocate or realign military |
43 | units and missions. |
44 | (2) Meetings or portions of meetings of the Florida |
45 | Council on Military Base and Mission Support, or a workgroup of |
46 | the council, at which records are presented or discussed which |
47 | are exempt under subsection (1) are exempt from s. 286.011 and |
48 | s. 24(b), Art. I of the State Constitution. |
49 | (3) Any records generated during those portions of |
50 | meetings which are closed to the public under subsection (2), |
51 | including, but not limited to, minutes, tape recordings, |
52 | videotapes, digital recordings, transcriptions, or notes, are |
53 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
54 | 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 repealed |
60 | on October 2, 2014, unless reviewed and saved from repeal |
61 | 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 presented or discussed are not also exempt |
87 | from public meetings requirements. Failure to protect meetings |
88 | or portions of meetings during which such records are discussed |
89 | would defeat the purpose of the public records exemption created |
90 | by this act. Further, the Legislature finds that records |
91 | generated during those portions of meetings which are closed to |
92 | the public, including the minutes, tape recordings, videotapes, |
93 | digital recordings, transcriptions, or notes from such meetings, |
94 | must be protected for the same reasons that justify the closing |
95 | of those meetings. |
96 | Section 3. This act shall take effect July 1, 2009, if HB |
97 | 7123 or similar legislation is adopted in the same legislative |
98 | session or an extension thereof and becomes law. |