PCB COM 21-04 — An Act Relating to Public Records and Public Meetings (2021)
Summary
Proposed committee bill PCB COM 21-04 of 2021, a bill to be entitled an act relating to public records and public meetings. It adds subsection (15) to section 16.71 on the Florida Gaming Control Commission, exempting portions of commission meetings in which exempt or confidential and exempt information is discussed. The text requires the chair to advise the commission at a public meeting that closure is necessary and requires the entire closed session to be recorded. It also provides for future review and repeal and a statement of public necessity, and Section 3 ties the effective date to the date PCB COM 21-03 or similar legislation takes effect.
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“PCB COM 21-04 — An Act Relating to Public Records and Public Meetings (2021).”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCB COM 21-04 2021
1 A bill to be entitled
2 An act relating to public records and public meetings;
3 amending s. 16.71, F.S.; specifying that any exempt or
4 confidential and exempt information obtained by the
5 Florida Gaming Control Commission retains its exempt
6 or confidential and exempt status; providing an
7 exemption from public meetings requirements for
8 portions of meetings of the commission wherein
9 confidential or exempt information is discussed;
10 specifying the commission is a criminal justice
11 agency; authorizing the commission to close portions
12 of meetings during which certain criminal matters are
13 discussed if certain requirements are met; providing
14 an exemption from public meetings requirements for
15 such portions of meetings; providing an exemption from
16 public records requirements for documents and
17 recordings relating to such exempt portions of
18 meetings; providing for future review and repeal;
19 providing a statement of public necessity; providing a
20 contingent effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (15) is added to section 16.71, as
25 created by HB ___, 2021 Regular Session, to read:
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCB COM 21-04 2021
26 16.71 Florida Gaming Control Commission.—
27 (15)(a) Portions of meetings of the commission during
28 which information made exempt or confidential and exempt is
29 discussed are exempt from s. 286.011 and s. 24(b), Art I. of the
30 State Constitution.
31 1. The chair of the commission shall advise the commission
32 at a public meeting that, in connection with the performance of
33 a commission duty, it is necessary that the commission hear or
34 discuss information that is exempt or confidential and exempt.
35 2. The chair's declaration of necessity for closure and
36 the specific reasons for such necessity shall be stated in
37 writing in a document that shall be a public record and shall be
38 filed with the official records of the commission.
39 3. The entire closed session shall be recorded. The
40 recording shall include the times of commencement and
41 termination of the closed session, all discussion and
42 proceedings, and the names of all persons present. No portion of
43 the session shall be off the record. Such recording shall be
44 maintained by the commission.
45 (b) Only members of the commission, Department of Law
46 Enforcement staff supporting the commission's function, and
47 other persons whose presence is necessary for the presentation
48 of exempt or confidential and exempt information shall be
49 allowed to attend the exempted portions of the commission
50 meetings. The commission shall assure that any closure of its
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PCB COM 21-04 2021
51 meetings as authorized by this paragraph is limited so that the
52 general policy of this state in favor of public meetings is
53 maintained.
54 (c) A recording of, and any minutes and notes generated
55 during, that portion of a Florida Gaming Control Commission
56 meeting which is closed to the public pursuant to this
57 subsection are confidential and exempt from s. 119.07(1) and s.
58 24(a), Art. I of the State Constitution until such time as the
59 information discussed is no longer exempt or confidential and
60 exempt.
61 (d) This subsection is subject to the Open Government
62 Sunset Review Act in accordance with s. 119.115 and is repealed
63 on October 2, 2026, unless reviewed and saved from repeal
64 through reenactment by the Legislature.
65 Section 2. (1) The Legislature finds that it is a public
66 necessity to maintain the exempt or confidential and exempt
67 status of any exempt or confidential and exempt information
68 obtained by the Florida Gaming Control Commission. In the
69 absence of this exemption, sensitive confidential or exempt
70 information would be disclosed. In addition, the Legislature
71 finds that it is a public necessity that portions of meetings of
72 the Florida Gaming Control Commission wherein confidential and
73 exempt information is discussed be made exempt from public
74 meetings requirements. The release of confidential and exempt
75 information via a public meeting defeats the purpose of a public
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PCB COM 21-04 2021
76 records exemption. Accordingly, the Legislature finds that the
77 harm to the public that would result from the release of such
78 information substantially outweighs any minimal public benefit
79 derived therefrom.
80 (2) The Legislature finds that during limited portions of
81 the meetings of the Florida Gaming Control Commission it is
82 necessary that the commission be presented with and discuss
83 details, information, and documents related to active criminal
84 intelligence information or active criminal investigative
85 information. These presentations and discussions are necessary
86 for the commission to make its decisions for licensing of
87 persons for pari-mutuel and gaming activities, and for decisions
88 related to gaming enforcement and enforcement of gambling laws
89 as required by the Legislature under this act. The Legislature
90 finds that to reveal the contents of documents containing active
91 criminal investigative or intelligence information or to allow
92 active criminal investigative or active criminal intelligence
93 matters to be discussed in a meeting open to the public
94 negatively impacts the ability of law enforcement agencies to
95 efficiently continue their investigative or intelligence
96 gathering activities. The Legislature finds that information
97 coming before the commission that pertains to active criminal
98 investigations or intelligence should remain confidential and
99 exempt from public disclosure. The Legislature finds that the
100 Florida Gaming Control Commission may, by declaring only those
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PCB COM 21-04 2021
101 portions of commission meetings in which active criminal
102 investigative or active criminal intelligence information is to
103 be presented or discussed closed to the public, assure an
104 appropriate balance between the policy of this state that
105 meetings be public and the policy of this state to facilitate
106 efficient law enforcement efforts. Accordingly, the Legislature
107 finds that the harm to the public that would result from the
108 release of such information substantially outweighs any minimal
109 public benefit derived therefrom.
110 Section 3. This act shall take effect on the same date
111 that PCB COM 21-03 or similar legislation takes effect, if such
112 legislation is adopted in the same legislative session or an
113 extension thereof and becomes a law.
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