Bill Text: FL S0004 | 2013 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records and Meetings

Spectrum: Committee Bill

Status: (Passed) 2013-05-16 - Chapter No. 2013-38, companion bill(s) passed, see CS/SB 2 (Ch. 2013-36) [S0004 Detail]

Download: Florida-2013-S0004-Comm_Sub.html

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       Florida Senate - 2013                                CS for SB 4
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Ethics and Elections
       
       
       
       585-01572-13                                             20134c1
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 112.324, F.S.; creating an exemption from
    4         public records requirements for written referrals and
    5         related records held by the Commission on Ethics, the
    6         Governor, the Department of Law Enforcement, or a
    7         state attorney; creating an exemption for records
    8         relating to a preliminary investigation held by the
    9         Commission on Ethics; creating an exemption from
   10         public meetings requirements for portions of
   11         proceedings of the Commission on Ethics in which the
   12         referrals are discussed or acted upon; providing for
   13         future repeal and legislative review of the exemption
   14         under the Open Government Sunset Review Act; providing
   15         a statement of public necessity; providing a
   16         contingent effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1.  Subsection (2) of section 112.324, Florida
   21  Statutes, is amended to read:
   22         112.324 Procedures on complaints of violations; public
   23  records and meeting exemptions.—
   24         (2)(a) The complaint and records relating to the complaint
   25  or to any preliminary investigation held by the commission or
   26  its agents, by a Commission on Ethics and Public Trust
   27  established by any county defined in s. 125.011(1) or by any
   28  municipality defined in s. 165.031, or by any county or
   29  municipality that has established a local investigatory process
   30  to enforce more stringent standards of conduct and disclosure
   31  requirements as provided in s. 112.326 are confidential and
   32  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
   33  of the State Constitution.
   34         (b) Written referrals and records relating to such
   35  referrals held by the commission or its agents, the Governor,
   36  the Department of Law Enforcement, or a state attorney, and
   37  records relating to any preliminary investigation of such
   38  referrals held by the commission or its agents, are confidential
   39  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   40  Constitution.
   41         (c)(b) Any portion of a proceeding conducted by the
   42  commission, a Commission on Ethics and Public Trust, or a county
   43  or municipality that has established such local investigatory
   44  process, pursuant to a complaint or preliminary investigation,
   45  is exempt from the provisions of s. 286.011, s. 24(b), Art. I of
   46  the State Constitution, and s. 120.525.
   47         (d) Any portion of a proceeding of the commission in which
   48  a determination regarding a referral is discussed or acted upon
   49  is exempt from s. 286.011 and s. 24(b), Art. I of the State
   50  Constitution, and s. 120.525.
   51         (e)(c) The exemptions in paragraphs (a)-(d) (a) and (b)
   52  apply until:
   53         1. The complaint is dismissed as legally insufficient;,
   54  until
   55         2. The alleged violator requests in writing that such
   56  records and proceedings be made public;,
   57         3. The commission determines that it will not investigate
   58  the referral; or until
   59         4. The commission, a Commission on Ethics and Public Trust,
   60  or a county or municipality that has established such local
   61  investigatory process determines, based on such investigation,
   62  whether probable cause exists to believe that a violation has
   63  occurred.
   64         (f) In no event shall a complaint under this part against a
   65  candidate in any general, special, or primary election be filed
   66  or any intention of filing such a complaint be disclosed on the
   67  day of any such election or within the 5 days immediately
   68  preceding the date of the election.
   69         (g)(d) This subsection is subject to the Open Government
   70  Sunset Review Act in accordance with s. 119.15 and shall stand
   71  repealed on October 2, 2018 2015, unless reviewed and saved from
   72  repeal through reenactment by the Legislature.
   73         Section 2. (1) The Legislature finds that it is a public
   74  necessity that written referrals and records relating to such
   75  referrals held by the Commission on Ethics or its agents, the
   76  Governor, the Department of Law Enforcement, or a state
   77  attorney, and records relating to any preliminary investigation
   78  of such referrals held by the Commission on Ethics or its
   79  agents, be confidential and exempt from public records
   80  requirements until the commission determines that it will not
   81  investigate the referral, until the alleged violator requests in
   82  writing that such records be made public, or until it is
   83  determined by the commission based upon a preliminary
   84  investigation of the referral whether probable cause exists to
   85  believe that a violation has occurred. This exemption is
   86  necessary because the release of such information could
   87  potentially be defamatory to an individual under investigation,
   88  cause unwarranted damage to the reputation of such individual,
   89  or significantly impair the integrity of the investigation.
   90         (2) The Legislature also finds that it is a public
   91  necessity that portions of proceedings of the Commission on
   92  Ethics at which a determination regarding a referral is
   93  discussed or acted upon be exempt from public meetings
   94  requirements until the commission determines that it will not
   95  investigate the referral, until the alleged violator requests in
   96  writing that such proceedings be made public, or until it is
   97  determined by the Commission on Ethics, based on a preliminary
   98  investigation of the referral, whether probable cause exists to
   99  believe that a violation has occurred. This exemption is
  100  necessary because the release of such information could
  101  potentially be defamatory to an individual under investigation,
  102  cause unwarranted damage to the reputation of such individual,
  103  or significantly impair the integrity of the investigation.
  104         Section 3. This act shall take effect on the same date that
  105  SB 2 or similar legislation takes effect, if such legislation is
  106  adopted in the same legislative session or an extension thereof
  107  and becomes a law.