| 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 | 
  | 
| 16 | Be It Enacted by the Legislature of the State of Florida: | 
| 17 | 
  | 
| 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. |