Bill Text: FL H7167 | 2010 | Regular Session | Introduced

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Bill Title: OGSR/Commission for Independent Education [SPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-77 [H7167 Detail]

Download: Florida-2010-H7167-Introduced.html

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HB 7167

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 1005.38, F.S., which
4	provides an exemption from public records requirements for
5	investigatory records held by the Commission for
6	Independent Education and an exemption from public
7	meetings requirements for a probable cause panel wherein
8	exempt information is discussed; reorganizing the
9	exemption; requiring a recording for any portion of a
10	closed meeting of a probable cause panel; providing a
11	public records exemption for the recording of a closed
12	meeting of a probable cause panel and the minutes and
13	findings of the meeting; providing for limited duration of
14	the exemption; providing for future legislative review and
15	repeal of the exemptions; providing a statement of public
16	necessity; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. Paragraph (b) of subsection (6) of section
21	1005.38, Florida Statutes, is amended to read:
22	1005.38 Actions against a licensee and other penalties.-
23	(6) The commission may conduct disciplinary proceedings
24	through an investigation of any suspected violation of this
25	chapter or any rule of the commission, including a finding of
26	probable cause and making reports to any law enforcement agency
27	or regulatory agency.
28	(b)1. All investigatory records held by the commission in
29	conjunction with an investigation conducted pursuant to this
30	subsection, including minutes and findings of an exempt probable
31	cause panel meeting convened in conjunction with such
32	investigation, are exempt from s. 119.07(1) and s. 24(a), Art. I
33	of the State Constitution for a period not to exceed 10 days
34	after the panel makes a determination regarding probable cause.
35	2.a. Those portions of meetings of the probable cause
36	panel at which records made exempt pursuant to subparagraph 1.
37	are discussed are exempt from s. 286.011 and s. 24(b), Art. I of
38	the State Constitution. The closed portion of a meeting must be
39	recorded and no portion of the closed meeting may be off the
40	record. The recording shall be maintained by the commission.
41	b. The recording of a closed portion of a meeting and the
42	minutes and findings of such meeting are exempt from s.
43	119.07(1) and s. 24(a), Art. I of the State Constitution for a
44	period not to exceed 10 days after the panel makes a
45	determination regarding probable cause.
46	3. This paragraph is subject to the Open Government Sunset
47	Review Act in accordance with s. 119.15 and shall stand repealed
48	on October 2, 2015 2010, unless reviewed and saved from repeal
49	through reenactment by the Legislature.
50	Section 2. The Legislature finds that it is a public
51	necessity to make exempt from public records requirements
52	recordings of any portion of a closed meeting of a probable
53	cause panel of the Commission for Independent Education and the
54	minutes and findings of the meeting. Release of such recordings,
55	minutes, or findings would compromise those discussions of the
56	commission members which took place during a closed meeting,
57	thus negating the public meetings exemption. In addition, the
58	temporary nature of the public records exemption for the
59	recording of a closed meeting of the probable cause panel
60	ensures that public oversight is provided.
61	Section 3. This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.