Bill Text: FL S0828 | 2011 | Regular Session | Comm Sub

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Bill Title: Public Records/Local Government Inspector General

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 632 [S0828 Detail]

Download: Florida-2011-S0828-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 828
       
       
       
       By the Committee on Community Affairs; and Senator Bogdanoff
       
       
       
       
       578-02781-11                                           2011828c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0713, F.S.; expanding an exemption from public
    4         records requirements to include certain records
    5         relating to investigations in the custody of an
    6         inspector general of a local government; providing for
    7         future repeal and legislative review of such revisions
    8         to the exemption under the Open Government Sunset
    9         Review Act; providing a statement of public necessity;
   10         providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 119.0713, Florida Statutes, is amended
   15  to read:
   16         119.0713 Local government agency exemptions from inspection
   17  or copying of public records.—
   18         (1) All complaints and other records in the custody of any
   19  unit of local government which relate to a complaint of
   20  discrimination relating to race, color, religion, sex, national
   21  origin, age, handicap, marital status, sale or rental of
   22  housing, the provision of brokerage services, or the financing
   23  of housing are exempt from s. 119.07(1) and s. 24(a), Art. I of
   24  the State Constitution until a finding is made relating to
   25  probable cause, the investigation of the complaint becomes
   26  inactive, or the complaint or other record is made part of the
   27  official record of any hearing or court proceeding. This
   28  provision does shall not affect any function or activity of the
   29  Florida Commission on Human Relations. Any state or federal
   30  agency that is authorized to have access to such complaints or
   31  records by any provision of law shall be granted such access in
   32  the furtherance of such agency’s statutory duties. This
   33  subsection does shall not be construed to modify or repeal any
   34  special or local act.
   35         (2)(a) The audit report of an internal auditor and the
   36  investigative report of the inspector general prepared for or on
   37  behalf of a unit of local government becomes a public record
   38  when the audit or investigation becomes final. As used in this
   39  subsection, the term “unit of local government” means a county,
   40  municipality, special district, local agency, authority,
   41  consolidated city-county government, or any other local
   42  governmental body or public body corporate or politic authorized
   43  or created by general or special law. An audit or investigation
   44  becomes final when the audit report or investigative report is
   45  presented to the unit of local government. Audit Workpapers and
   46  notes related to such audit and information received, produced,
   47  or derived from an investigation report are confidential and
   48  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   49  Constitution until the audit or investigation is complete
   50  completed and the audit report becomes final or when the
   51  investigation is no longer active. An investigation is active if
   52  it is continuing with a reasonable, good faith anticipation of
   53  resolution and with reasonable dispatch.
   54         (b) Paragraph (a) is subject to the Open Government Sunset
   55  Review Act in accordance with s. 119.15, and shall stand
   56  repealed on October 2, 2016, unless reviewed and saved from
   57  repeal through reenactment by the Legislature.
   58         (3) Any data, record, or document used directly or solely
   59  by a municipally owned utility to prepare and submit a bid
   60  relative to the sale, distribution, or use of any service,
   61  commodity, or tangible personal property to any customer or
   62  prospective customer is exempt from s. 119.07(1) and s. 24(a),
   63  Art. I of the State Constitution. This exemption commences when
   64  a municipal utility identifies in writing a specific bid to
   65  which it intends to respond. This exemption no longer applies
   66  after when the contract for sale, distribution, or use of the
   67  service, commodity, or tangible personal property is executed, a
   68  decision is made not to execute such contract, or the project is
   69  no longer under active consideration. The exemption in this
   70  subsection includes the bid documents actually furnished in
   71  response to the request for bids. However, the exemption for the
   72  bid documents submitted no longer applies after the bids are
   73  opened by the customer or prospective customer.
   74         Section 2. The Legislature finds that a public necessity
   75  exists to exempt from public-records requirements audit reports
   76  and investigative reports and related workpapers and notes and
   77  information received, produced, or derived from an audit or
   78  investigation by an auditor or inspector general of a local
   79  government until the audit or investigation is completed and the
   80  audit report becomes final or the investigation is no longer
   81  active. The exemption is necessary because the release of such
   82  information could potentially be defamatory to an individual or
   83  entity under audit or investigation, causing unwarranted damage
   84  to the good name or reputation of an individual or company, or
   85  could significantly impair an administrative or criminal
   86  investigation.
   87         Section 3. This act shall take effect October 1, 2011.