October 20, 2019
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       Florida Senate - 2010                             CS for SB 1296
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senators Ring and Negron
       
       
       
       585-04252-10                                          20101296c1
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         creating s. 624.36, F.S.; creating a public-records
    4         exemption for specified information held by the
    5         Medicaid and Public Assistance Fraud Strike Force;
    6         creating a public-meetings exemption for meetings of
    7         the Medicaid and Public Assistance Fraud Strike Force
    8         at which specified information is discussed; providing
    9         for future legislative review and repeal of the
   10         exemptions under the Open Government Sunset Review
   11         Act; providing a statement of public necessity;
   12         providing a contingent effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 624.36, Florida Statutes, is created to
   17  read:
   18         624.36Public-records and public-meetings exemptions;
   19  Medicaid and Public Assistance Fraud Strike Force.—
   20         (1)(a)That portion of a meeting of the Medicaid and Public
   21  Assistance Fraud Strike Force at which the strike force will
   22  hear or discuss active criminal investigative information or
   23  active criminal intelligence information as defined in s.
   24  119.011 is exempt from s. 286.011 and s. 24(b), Art. I of the
   25  State Constitution, if:
   26         1.The chair of the strike force announces at a public
   27  meeting that, in connection with the performance of the strike
   28  force’s duties, it is necessary that active criminal
   29  investigative information or active criminal intelligence
   30  information be discussed.
   31         2.The chair declares the specific reasons that it is
   32  necessary to close the meeting, or portion thereof, in a
   33  document that is a public record and filed with the official
   34  records of the strike force.
   35         3.The entire closed meeting is recorded. The recording
   36  must include the times of commencement and termination of the
   37  closed meeting or portion thereof, all discussion and
   38  proceedings, and the names of the persons present. No portion of
   39  the closed meeting shall be off the record. The recording shall
   40  be maintained by the strike force.
   41         (b)An audio or video recording of, and any minutes and
   42  notes generated during, a closed meeting of the strike force or
   43  closed portion of a meeting of the strike force are exempt from
   44  s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   45  until such time as the criminal investigative information or
   46  criminal intelligence information heard or discussed at the
   47  closed meeting ceases to be active. Such audio or video
   48  recording and minutes and notes shall be retained pursuant to
   49  the requirements of s. 119.021.
   50         (2)Only members of the strike force, staff supporting the
   51  strike force’s functions, and other persons whose presence has
   52  been authorized by the chair of the strike force shall be
   53  allowed to attend the exempted portions of strike force
   54  meetings. The strike force shall ensure that any closure of its
   55  meetings as authorized by this section is limited so that the
   56  policy of this state in favor of public meetings is maintained.
   57         (3)This section is subject to the Open Government Sunset
   58  Review Act in accordance with s. 119.15, and shall stand
   59  repealed on October 2, 2015, unless reviewed and saved from
   60  repeal through reenactment by the Legislature.
   61         Section 2. The Legislature finds that it is a public
   62  necessity that any meeting or portion of a meeting of the
   63  Medicaid and Public Assistance Fraud Strike Force at which
   64  criminal investigative information or criminal intelligence
   65  information is discussed be held exempt from s. 286.011, Florida
   66  Statutes, and s. 24(b), Article I of the State Constitution. The
   67  Legislature also finds that it is a public necessity that an
   68  audio or video recording of, and any minutes and notes generated
   69  during, a closed meeting or closed portion of a meeting of the
   70  Medicaid and Public Assistance Fraud Strike Force be held exempt
   71  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   72  the State Constitution until such time as the criminal
   73  investigative information or criminal intelligence information
   74  heard or discussed at such meeting ceases to be active. The
   75  strike force reviews information of a highly sensitive nature
   76  involving criminal investigations of Medicaid and public
   77  assistance fraud. This information is exempt from public
   78  disclosure pursuant to s. 119.071, Florida Statutes, and if the
   79  meetings at which this exempt information is discussed were open
   80  to the public, the purpose of the exemption would be defeated.
   81  The strike force must be able to hear and discuss this exempt
   82  information in full in order to make sound recommendations to
   83  the Chief Financial Officer regarding activities to combat
   84  Medicaid and public assistance fraud.
   85         Section 3. This act shall take effect January 1, 2011, if
   86  Senate Bill 8 or substantially similar legislation is adopted in
   87  the same legislative session or an extension thereof and becomes
   88  a law.

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