THE BILL ITSELF
HB 7001
OGSR/Florida Gaming Control Commission
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A bill to be entitled
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An act relating to a review under the Open Government
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Sunset Review Act; amending s. 16.716, F.S., which
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provides an exemption from public record and public
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meeting requirements for exempt or confidential and
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exempt information obtained by the Florida Gaming
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Control Commission; removing the scheduled repeal of
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the exemption; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 16.716, Florida Statutes, is amended to
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read:
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16.716 Florida Gaming Control Commission public records
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and public meetings exemptions.—
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(1)(a) Any information obtained by the Florida Gaming
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Control Commission which is exempt or confidential and exempt
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from s. 119.07(1) or s. 24(a), Art. I of the State Constitution
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shall retain its exempt or confidential and exempt status. The
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information may be released by the commission, upon written
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request, to an agency, as defined in s. 119.011, or a
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governmental entity in the performance of the commission's
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official duties and responsibilities. An agency or a
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governmental entity receiving such information from the
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commission shall maintain the exempt or confidential and exempt
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status of the information.
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(2)(b)1. Any portion of a meeting of the commission during
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which information that is exempt or confidential and exempt is
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discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
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State Constitution.
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(a)a. The chair of the commission shall advise the
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commission at a public meeting that, in connection with the
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performance of a commission duty, it is necessary that the
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commission hear or discuss information that is exempt or
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confidential and exempt.
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(b)b. The chair's declaration of necessity for closure and
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the specific reasons for such necessity shall be stated in
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writing in a record that shall be a public record and shall be
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filed with the official records of the commission.
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(c)c. The entire closed session shall be recorded. The
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recording shall include the times of commencement and
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termination of the closed session, all discussion and
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proceedings, and the names of all persons present. No portion of
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the session may be off the record. Such recording shall be
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maintained by the commission.
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(d)2. Only members of the commission, Department of Legal
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Affairs staff, or commission staff supporting the commission's
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function and other persons whose presence is necessary for the
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presentation of exempt or confidential and exempt information
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shall be allowed to attend the exempted portions of the
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commission meetings. The commission shall ensure that any
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closure of its meetings as authorized by this subsection
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paragraph is limited so that the general policy of this state in
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favor of public meetings is maintained.
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(e)3. A recording of, and any minutes and records
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generated during, that portion of a commission meeting which is
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closed to the public pursuant to this subsection paragraph are
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confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
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of the State Constitution until such time as the information is
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no longer exempt or confidential and exempt.
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(2) This section is subject to the Open Government Sunset
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Review Act in accordance with s. 119.15 and is repealed on
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October 2, 2026, unless reviewed and saved from repeal through
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reenactment by the Legislature.
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This act shall take effect upon becoming a law. Section 2.