Bill Text: FL S1054 | 2010 | Regular Session | Comm Sub

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Bill Title: Public Records/Meetings/Ethics/Local Governments [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Read 2nd time -SJ 00919; Amendment(s) adopted (638382) -SJ 00919; Substituted CS/HB 551 -SJ 00919; Laid on Table, companion bill(s) passed, see CS/HB 551 (Ch. 2010-130), HB 7085 (Ch. 2010-116) -SJ 00919 [S1054 Detail]

Download: Florida-2010-S1054-Comm_Sub.html

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       Florida Senate - 2010                             CS for SB 1054 
        
       By the Committee on Ethics and Elections; and Senator Altman 
       582-03163-10                                          20101054c1 
    1                        A bill to be entitled                       
    2         An act relating to public records and meetings; 
    3         amending s. 112.324, F.S.; revising an exemption from 
    4         public-record and public-meeting requirements which is 
    5         provided for complaints and related records in the 
    6         custody of and proceedings conducted by a county or 
    7         municipality that has established a local 
    8         investigatory process to enforce more stringent 
    9         standards of conduct and disclosure requirements; 
   10         providing for future repeal and legislative review 
   11         under the Open Government Sunset Review Act of 
   12         revisions to the exemption; providing a statement of 
   13         public necessity; providing an effective date. 
   14   
   15  Be It Enacted by the Legislature of the State of Florida: 
   16   
   17         Section 1. Subsection (2) of section 112.324, Florida 
   18  Statutes, is amended to read: 
   19         112.324 Procedures on complaints of violations; public 
   20  records and meeting exemptions.— 
   21         (2)(a) The complaint and records relating to the complaint 
   22  or to any preliminary investigation held by the commission or 
   23  its agents, or by a Commission on Ethics and Public Trust 
   24  established by any county defined in s. 125.011(1) or by any 
   25  municipality defined in s. 165.031, or by any county or 
   26  municipality that has established a local investigatory process 
   27  to enforce more stringent standards of conduct and disclosure 
   28  requirements as provided in s. 112.326 are confidential and 
   29  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I 
   30  of the State Constitution., and 
   31         (b) Any proceeding conducted by the commission, or a 
   32  Commission on Ethics and Public Trust, or a county or 
   33  municipality that has established such a local investigatory 
   34  process, pursuant to a complaint or preliminary investigation, 
   35  is exempt from the provisions of s. 286.011, s. 24(b), Art. I of 
   36  the State Constitution, and s. 120.525., 
   37         (c) The exemptions apply until the complaint is dismissed 
   38  as legally insufficient, until the alleged violator requests in 
   39  writing that such records and proceedings be made public, or 
   40  until the commission, or a Commission on Ethics and Public 
   41  Trust, or a county or municipality that has established such a 
   42  local investigatory process determines, based on such 
   43  investigation, whether probable cause exists to believe that a 
   44  violation has occurred. In no event shall a complaint under this 
   45  part against a candidate in any general, special, or primary 
   46  election be filed or any intention of filing such a complaint be 
   47  disclosed on the day of any such election or within the 5 days 
   48  immediately preceding the date of the election. 
   49         (d)(b) This subsection Paragraph (a) is subject to the Open 
   50  Government Sunset Review Act in accordance with s. 119.15 and 
   51  shall stand repealed on October 2, 2015 2010, unless reviewed 
   52  and saved from repeal through reenactment by the Legislature. 
   53         Section 2. The Legislature finds that it is a public 
   54  necessity that all complaints and related records in the custody 
   55  of or any proceedings conducted by a county or municipality that 
   56  has established a local investigatory process to enforce more 
   57  stringent standards of conduct and disclosure requirements as 
   58  provided in s. 112.326, Florida Statutes, which relate to a 
   59  complaint of a local ethics violation be exempted from public 
   60  record and public-meeting requirements until the complaint is 
   61  dismissed as legally insufficient, until the alleged violator 
   62  requests in writing that such records and proceedings be made 
   63  public, or until it is determined, based on the investigation, 
   64  whether probable cause exists to believe that a violation has 
   65  occurred. The exemptions are necessary because the release of 
   66  such information could potentially be defamatory to an 
   67  individual under investigation, cause unwarranted damage to the 
   68  good name or reputation of such individual, or significantly 
   69  impair the investigation. The exemptions create a secure 
   70  environment in which a county or municipality may conduct its 
   71  investigation. 
   72         Section 3. This act shall take effect July 1, 2010.