Florida Senate - 2021 SB 7078 By the Committee on Regulated Industries 580-04018-21 20217078__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to public records and public meetings 2 exemptions; amending s. 16.71, F.S.; specifying that 3 any exempt or confidential and exempt information 4 obtained by the Florida Gaming Control Commission 5 retains its exempt or confidential and exempt status; 6 providing an exemption from public meetings 7 requirements for portions of meetings of the 8 commission wherein confidential or exempt information 9 is discussed; specifying the commission is a criminal 10 justice agency; authorizing the commission to close 11 portions of meetings during which certain criminal 12 matters are discussed if certain requirements are met; 13 providing an exemption from public meetings 14 requirements for such portions of meetings; providing 15 an exemption from public records requirements for 16 documents and recordings relating to such exempt 17 portions of meetings; providing for future review and 18 repeal; providing a statement of public necessity; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23

Section 1. Subsection (11) is added to

section 16.71, as 24 created by SB 7076, 2021 Regular Session, to read: 25 16.71 Florida Gaming Control Commission.— 26 (11)(a)1. Information made exempt or confidential and 27 exempt from s. 119.07(1) or s. 24(

a) Art I. of the State 28 Constitution which is obtained by the Florida Gaming Control 29

Florida Senate - 2021 SB 7078 580-04018-21 20217078__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. Commission shall retain its exempt or confidential and exempt 30 status. The information may be released by the commission to 31 other governmental entities as needed in the performance of its 32 official duties and responsibilities. The governmental entity 33 shall maintain the exempt or confidential and exempt status of 34 the information. 35 2.

Portions of meetings of the commission during which 36 information made exempt or confidential and exempt is discussed 37 are exempt from s. 286.011 and s. 24(b), Art I. of the State 38 Constitution. 39 (b)1. The Florida Gaming Control Commission is a criminal 40 justice agency as defined in s. 119.011. 41 2.a.

The Florida Gaming Control Commission may close 42 portions of meetings during which the commission will hear or 43 discuss active criminal intelligence information or active 44 criminal investigative information, as those terms are defined 45 in s. 119.011(3), and such portions of meetings shall be exempt 46 from the provisions of s. 286.011 and s. 24(b), Art. I of the 47 State Constitution, provided that the following conditions are 48 met: 49 (

I) The chair of the commission shall advise the commission 50 at a public meeting that, in connection with the performance of 51 a commission duty, it is necessary that the commission hear or 52 discuss active criminal investigative information or active 53 criminal intelligence information. 54 (II) The chair’s declaration of necessity for closure and 55 the specific reasons for such necessity shall be stated in 56 writing in a document that shall be a public record and shall be 57 filed with the official records of the commission. 58

Florida Senate - 2021 SB 7078 580-04018-21 20217078__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. (III) The entire closed session shall be recorded. The 59 recording shall include the times of commencement and 60 termination of the closed session, all discussion and 61 proceedings, and the names of all persons present. No portion of 62 the session shall be off the record. Such recording shall be 63 maintained by the commission. 64 b.

Only members of the commission, Department of Law 65 Enforcement staff supporting the commission’s function, and 66 other persons whose presence has been authorized by the chair of 67 the commission shall be allowed to attend the exempted portions 68 of the commission meetings. The commission shall assure that any 69 closure of its meetings as authorized by this paragraph is 70 limited so that the general policy of this state in favor of 71 public meetings is maintained. 72 3.

A tape recording of, and any minutes and notes generated 73 during, that portion of a Florida Gaming Control Commission 74 meeting which is closed to the public pursuant to this paragraph 75 are confidential and exempt from s. 119.07(1) and s. 24(a), Art. 76 I of the State Constitution until such time as the criminal 77 investigative information or criminal intelligence information 78 ceases to be active. 79 (

c) This subsection is subject to the Open Government 80 Sunset Review Act in accordance with s. 119.115 and is repealed 81 on October 2, 2026, unless reviewed and saved from repeal 82 through reenactment by the Legislature. 83

Section 2.

(1) The Legislature finds that it is a public 84 necessity to maintain the exempt or confidential and exempt 85 status of any exempt or confidential and exempt information 86 obtained by the Florida Gaming Control Commission. In the 87

Florida Senate - 2021 SB 7078 580-04018-21 20217078__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. absence of this exemption, sensitive confidential or exempt 88 information would be disclosed. In addition, the Legislature 89 finds that it is a public necessity that portions of meetings of 90 the Florida Gaming Control Commission wherein confidential and 91 exempt information is discussed be made exempt from public 92 meetings requirements. The release of confidential and exempt 93 information via a public meeting defeats the purpose of a public 94 records exemption.

Accordingly, the Legislature finds that the 95 harm to the public that would result from the release of such 96 information substantially outweighs any minimal public benefit 97 derived therefrom. 98

(2) The Legislature finds that during limited portions of 99 the meetings of the Florida Gaming Control Commission it is 100 necessary that the commission be presented with and discuss 101 details, information, and documents related to active criminal 102 intelligence information or active criminal investigative 103 information.

These presentations and discussions are necessary 104 for the commission to make its decisions for licensing of 105 persons for pari-mutuel and gaming activities, and for decisions 106 related to gaming enforcement and enforcement of gambling laws 107 as required by the Legislature under this act.

The Legislature 108 finds that to reveal the contents of documents containing active 109 criminal investigative or intelligence information or to allow 110 active criminal investigative or active criminal intelligence 111 matters to be discussed in a meeting open to the public 112 negatively impacts the ability of law enforcement agencies to 113 efficiently continue their investigative or intelligence 114 gathering activities. The Legislature finds that information 115 coming before the commission that pertains to active criminal 116

Florida Senate - 2021 SB 7078 580-04018-21 20217078__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. investigations or intelligence should remain confidential and 117 exempt from public disclosure.

The Legislature finds that the 118 Florida Gaming Control Commission may, by declaring only those 119 portions of commission meetings in which active criminal 120 investigative or active criminal intelligence information is to 121 be presented or discussed closed to the public, assure an 122 appropriate balance between the policy of this state that 123 meetings be public and the policy of this state to facilitate 124 efficient law enforcement efforts.

Accordingly, the Legislature 125 finds that the harm to the public that would result from the 126 release of such information substantially outweighs any minimal 127 public benefit derived therefrom. 128

Section 3. This act shall take effect on the same date that 129 SB 7076 or similar legislation takes effect, if such legislation 130 is adopted in the same legislative session or an extension 131 thereof and becomes a law. 132