SB 1042                                          First Engrossed
       
       
       
       
       
       
       
       
       20131042e1
       
    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” or
   26  “commission” means an advisory commission created by municipal
   27  or county ordinance whose membership is comprised of private and
   28  public sector persons and whose purpose is to examine local
   29  criminal justice 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 commission at which such matter is being
   38  considered, the commission members publicly disclose the fact
   39  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 commission be made
   50  exempt from public meeting requirements. If the meetings at
   51  which exempt information is discussed were open to the public,
   52  the purpose of the exemption from public records requirements
   53  found in chapter 119, Florida Statutes, would be defeated. The
   54  members of a duly constituted criminal justice commission must
   55  be able to hear and discuss exempt information freely in order
   56  to make sound recommendations regarding strategies and
   57  activities that are best suited to protect the welfare of the
   58  people of this state. The ability to conduct meetings at which
   59  members can freely discuss and fully understand the details of
   60  active criminal intelligence information and active criminal
   61  investigative information is critical to the ability of a duly
   62  constituted criminal justice commission to operate effectively.
   63         Section 3. This act shall take effect July 1, 2013.