Florida Senate - 2013 SB 1042
By Senator Abruzzo
25-00858A-13 20131042__
1 A bill to be entitled
2 An act relating to public meetings; providing
3 definitions; providing an exemption from public
4 meeting requirements for that portion of a meeting of
5 a duly constituted criminal justice commission at
6 which specified members of the commission discuss
7 active criminal intelligence information or active
8 criminal investigative information currently being
9 considered by, or which may foreseeably come before,
10 the commission; providing for future review and repeal
11 of the exemption; providing a statement of public
12 necessity; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Criminal justice commissions; public meetings
17 exemption.—
18 (1) As used in this section, the term:
19 (a) “Active” has the same meaning as provided in s.
20 119.011, Florida Statutes.
21 (b) “Criminal intelligence information” has the same
22 meaning as provided in s. 119.011, Florida Statutes.
23 (c) “Criminal investigative information” has the same
24 meaning as provided in s. 119.011, Florida Statutes.
25 (d) “Duly constituted criminal justice commission” means an
26 advisory commission created by municipal or county ordinance
27 whose membership is comprised of private and public sector
28 persons and whose purpose is to examine local criminal justice
29 issues.
30 (2) That portion of a meeting of a duly constituted
31 criminal justice commission at which members of the commission
32 discuss active criminal intelligence information or active
33 criminal investigative information that is currently being
34 considered by, or which may foreseeably come before, the
35 commission is exempt from s. 286.011, Florida Statutes, and s.
36 24(b), Art. I of the State Constitution, provided that at any
37 public meeting of the criminal justice commission at which such
38 matter is being considered, the commission members publicly
39 disclose the fact that the matter has been discussed.
40 (3) This section is subject to the Open Government Sunset
41 Review Act in accordance with s. 119.15, Florida Statutes, and
42 shall stand repealed on October 2, 2018, unless reviewed and
43 saved from repeal through reenactment by the Legislature.
44 Section 2. The Legislature finds that it is a public
45 necessity that the portion of a meeting of a duly constituted
46 criminal justice commission at which members of the commission
47 discuss active criminal intelligence information or active
48 criminal investigative information currently being considered
49 by, or which may foreseeably come before, the criminal justice
50 commission be made exempt from public meeting requirements. If
51 the meetings at which exempt information is discussed were open
52 to the public, the purpose of the exemption from public records
53 requirements found in chapter 119, Florida Statutes, would be
54 defeated. The members of a criminal justice commission must be
55 able to hear and discuss exempt information freely in order to
56 make sound recommendations regarding strategies and activities
57 that are best suited to protect the welfare of the people of
58 this state. The ability to conduct meetings at which members can
59 freely discuss and fully understand the details of active
60 criminal intelligence information and active criminal
61 investigative information is critical to the ability of a
62 criminal justice commission to operate effectively.
63 Section 3. This act shall take effect July 1, 2013.