Bill Text: FL S7078 | 2021 | Regular Session | Prefiled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records and Public Meetings/Florida Gaming Control Commission

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-04-30 - Died on Calendar [S7078 Detail]

Download: Florida-2021-S7078-Prefiled.html

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       Florida Senate - 2021                   (PROPOSED BILL) SPB 7078
       
       
        
       FOR CONSIDERATION By the Committee on Regulated Industries
       
       
       
       
       
       580-02528-21                                          20217078pb
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings
    3         exemptions; amending s. 16.71, F.S.; specifying that
    4         any exempt or confidential and exempt information
    5         obtained by the Florida Gaming Control Commission
    6         retains its exempt or confidential and exempt status;
    7         providing an exemption from public meetings
    8         requirements for portions of meetings of the
    9         commission wherein confidential or exempt information
   10         is discussed; specifying the commission is a criminal
   11         justice agency; authorizing the commission to close
   12         portions of meetings during which certain criminal
   13         matters are discussed if certain requirements are met;
   14         providing an exemption from public meetings
   15         requirements for such portions of meetings; providing
   16         an exemption from public records requirements for
   17         documents and recordings relating to such exempt
   18         portions of meetings; providing for future review and
   19         repeal; providing a statement of public necessity;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (11) is added to section 16.71, as
   25  created by SB ___, 2021 Regular Session, to read:
   26         16.71 Florida Gaming Control Commission.—
   27         (11)(a)1. Information made exempt or confidential and
   28  exempt from s. 119.07(1) or s. 24(a) Art I. of the State
   29  Constitution which is obtained by the Florida Gaming Control
   30  Commission shall retain its exempt or confidential and exempt
   31  status. The information may be released by the commission to
   32  other governmental entities as needed in the performance of its
   33  official duties and responsibilities. The governmental entity
   34  shall maintain the exempt or confidential and exempt status of
   35  the information.
   36         2. Portions of meetings of the commission during which
   37  information made exempt or confidential and exempt is discussed
   38  are exempt from s. 286.011 and s. 24(b), Art I. of the State
   39  Constitution.
   40         (b)1. The Florida Gaming Control Commission is a criminal
   41  justice agency as defined in s. 119.011.
   42         2.a. The Florida Gaming Control Commission may close
   43  portions of meetings during which the commission will hear or
   44  discuss active criminal intelligence information or active
   45  criminal investigative information, as those terms are defined
   46  in s. 119.011(3), and such portions of meetings shall be exempt
   47  from the provisions of s. 286.011 and s. 24(b), Art. I of the
   48  State Constitution, provided that the following conditions are
   49  met:
   50         (I) The chair of the commission shall advise the commission
   51  at a public meeting that, in connection with the performance of
   52  a commission duty, it is necessary that the commission hear or
   53  discuss active criminal investigative information or active
   54  criminal intelligence information.
   55         (II) The chair’s declaration of necessity for closure and
   56  the specific reasons for such necessity shall be stated in
   57  writing in a document that shall be a public record and shall be
   58  filed with the official records of the commission.
   59         (III) The entire closed session shall be recorded. The
   60  recording shall include the times of commencement and
   61  termination of the closed session, all discussion and
   62  proceedings, and the names of all persons present. No portion of
   63  the session shall be off the record. Such recording shall be
   64  maintained by the commission.
   65         b. Only members of the commission, Department of Law
   66  Enforcement staff supporting the commission’s function, and
   67  other persons whose presence has been authorized by the chair of
   68  the commission shall be allowed to attend the exempted portions
   69  of the commission meetings. The commission shall assure that any
   70  closure of its meetings as authorized by this paragraph is
   71  limited so that the general policy of this state in favor of
   72  public meetings is maintained.
   73         3. A tape recording of, and any minutes and notes generated
   74  during, that portion of a Florida Gaming Control Commission
   75  meeting which is closed to the public pursuant to this paragraph
   76  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   77  I of the State Constitution until such time as the criminal
   78  investigative information or criminal intelligence information
   79  ceases to be active.
   80         (c) This subsection is subject to the Open Government
   81  Sunset Review Act in accordance with s. 119.115 and is repealed
   82  on October 2, 2026, unless reviewed and saved from repeal
   83  through reenactment by the Legislature.
   84         Section 2. (1) The Legislature finds that it is a public
   85  necessity to maintain the exempt or confidential and exempt
   86  status of any exempt or confidential and exempt information
   87  obtained by the Florida Gaming Control Commission. In the
   88  absence of this exemption, sensitive confidential or exempt
   89  information would be disclosed. In addition, the Legislature
   90  finds that it is a public necessity that portions of meetings of
   91  the Florida Gaming Control Commission wherein confidential and
   92  exempt information is discussed be made exempt from public
   93  meetings requirements. The release of confidential and exempt
   94  information via a public meeting defeats the purpose of a public
   95  records exemption. Accordingly, the Legislature finds that the
   96  harm to the public that would result from the release of such
   97  information substantially outweighs any minimal public benefit
   98  derived therefrom.
   99         (2) The Legislature finds that during limited portions of
  100  the meetings of the Florida Gaming Control Commission it is
  101  necessary that the commission be presented with and discuss
  102  details, information, and documents related to active criminal
  103  intelligence information or active criminal investigative
  104  information. These presentations and discussions are necessary
  105  for the commission to make its decisions for licensing of
  106  persons for pari-mutuel and gaming activities, and for decisions
  107  related to gaming enforcement and enforcement of gambling laws
  108  as required by the Legislature under this act. The Legislature
  109  finds that to reveal the contents of documents containing active
  110  criminal investigative or intelligence information or to allow
  111  active criminal investigative or active criminal intelligence
  112  matters to be discussed in a meeting open to the public
  113  negatively impacts the ability of law enforcement agencies to
  114  efficiently continue their investigative or intelligence
  115  gathering activities. The Legislature finds that information
  116  coming before the commission that pertains to active criminal
  117  investigations or intelligence should remain confidential and
  118  exempt from public disclosure. The Legislature finds that the
  119  Florida Gaming Control Commission may, by declaring only those
  120  portions of commission meetings in which active criminal
  121  investigative or active criminal intelligence information is to
  122  be presented or discussed closed to the public, assure an
  123  appropriate balance between the policy of this state that
  124  meetings be public and the policy of this state to facilitate
  125  efficient law enforcement efforts. Accordingly, the Legislature
  126  finds that the harm to the public that would result from the
  127  release of such information substantially outweighs any minimal
  128  public benefit derived therefrom.
  129         Section 3. This act shall take effect on the same date that
  130  SB ___ or similar legislation takes effect, if such legislation
  131  is adopted in the same legislative session or an extension
  132  thereof and becomes a law.