Florida Senate - 2026                   (PROPOSED BILL) SPB 7008
       
       
        
       FOR CONSIDERATION By the Committee on Regulated Industries
       
       
       
       
       
       580-00911-26                                          20267008pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 16.716, F.S., which
    4         provides an exemption from public records and public
    5         meeting requirements for exempt or confidential and
    6         exempt information obtained by the Florida Gaming
    7         Control Commission; deleting the scheduled repeal of
    8         the exemption; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 16.716, Florida Statutes, is amended to
   13  read:
   14         16.716 Florida Gaming Control Commission public records and
   15  public meetings exemptions.—
   16         (1)(a) Any information obtained by the Florida Gaming
   17  Control Commission which is exempt or confidential and exempt
   18  from s. 119.07(1) or s. 24(a), Art. I of the State Constitution
   19  shall retain its exempt or confidential and exempt status. The
   20  information may be released by the commission, upon written
   21  request, to an agency, as defined in s. 119.011, or a
   22  governmental entity in the performance of the commission’s
   23  official duties and responsibilities. An agency or a
   24  governmental entity receiving such information from the
   25  commission shall maintain the exempt or confidential and exempt
   26  status of the information.
   27         (2)(b)1. Any portion of a meeting of the commission during
   28  which information that is exempt or confidential and exempt is
   29  discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
   30  State Constitution.
   31         (a)a. The chair of the commission shall advise the
   32  commission at a public meeting that, in connection with the
   33  performance of a commission duty, it is necessary that the
   34  commission hear or discuss information that is exempt or
   35  confidential and exempt.
   36         (b)b. The chair’s declaration of necessity for closure and
   37  the specific reasons for such necessity shall be stated in
   38  writing in a record that shall be a public record and shall be
   39  filed with the official records of the commission.
   40         (c)c. The entire closed session shall be recorded. The
   41  recording shall include the times of commencement and
   42  termination of the closed session, all discussion and
   43  proceedings, and the names of all persons present. No portion of
   44  the session may be off the record. Such recording shall be
   45  maintained by the commission.
   46         (d)2. Only members of the commission, Department of Legal
   47  Affairs staff, or commission staff supporting the commission’s
   48  function and other persons whose presence is necessary for the
   49  presentation of exempt or confidential and exempt information
   50  shall be allowed to attend the exempted portions of the
   51  commission meetings. The commission shall ensure that any
   52  closure of its meetings as authorized by this subsection
   53  paragraph is limited so that the general policy of this state in
   54  favor of public meetings is maintained.
   55         (e)3. A recording of, and any minutes and records generated
   56  during, that portion of a commission meeting which is closed to
   57  the public pursuant to this subsection paragraph are
   58  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   59  of the State Constitution until such time as the information is
   60  no longer exempt or confidential and exempt.
   61         (2)This section is subject to the Open Government Sunset
   62  Review Act in accordance with s. 119.15 and is repealed on
   63  October 2, 2026, unless reviewed and saved from repeal through
   64  reenactment by the Legislature.
   65         Section 2. This act shall take effect upon becoming a law.