Bill Text: FL S1916 | 2018 | Regular Session | Introduced
Bill Title: Public Records and Public Meetings
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Governmental Oversight and Accountability [S1916 Detail]
Download: Florida-2018-S1916-Introduced.html
Florida Senate - 2018 SB 1916
By Senator Book
32-02680A-18 20181916__
1 A bill to be entitled
2 An act relating to public records and public meetings;
3 amending s. 112.324, F.S.; providing an exception to
4 the expiration of certain public records and public
5 meetings exemptions under specified circumstances;
6 prohibiting the disclosure of the personal identifying
7 information of an alleged victim of sexual harassment
8 or sexual misconduct, or information that could assist
9 an individual in determining the identity of such
10 alleged victim, in any portion of a proceeding
11 conducted by the Commission on Ethics, a commission on
12 ethics and public trust, or a county or a municipality
13 that has established a local investigatory process
14 which is open to the public; providing for future
15 legislative review and repeal; amending s. 119.071,
16 F.S.; providing an exemption from public records
17 requirements for complaints, referrals, and reports
18 alleging sexual harassment or sexual misconduct, and
19 any related records, which are held by an agency;
20 specifying conditions upon which the exemption
21 expires; providing that the personal identifying
22 information of an alleged victim of sexual harassment
23 or sexual misconduct, or information that could assist
24 an individual in determining the identity of such
25 alleged victim, remains confidential and exempt from
26 public records requirements; authorizing disclosure
27 under specified circumstances; providing for future
28 legislative review and repeal; amending s. 286.0113,
29 F.S.; providing an exemption from public meetings
30 requirements for any portion of a meeting that would
31 reveal records involving an allegation of sexual
32 harassment or sexual misconduct made confidential and
33 exempt under the act; specifying conditions upon which
34 the exemption expires; prohibiting the disclosure of
35 the personal identifying information of an alleged
36 victim of sexual harassment or sexual misconduct, or
37 information that could assist an individual in
38 determining the identity of such alleged victim, in
39 any portion of a meeting open to the public; providing
40 for future legislative review and repeal; providing
41 statements of public necessity; providing an effective
42 date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Present paragraphs (f) and (g) of subsection (2)
47 of section 112.324, Florida Statutes, are redesignated as
48 paragraphs (g) and (h), respectively, paragraph (e) of that
49 subsection is amended, and a new paragraph (f) is added to that
50 subsection, to read:
51 112.324 Procedures on complaints of violations and
52 referrals; public records and meeting exemptions.—
53 (2)
54 (e) The exemptions in paragraphs (a)-(d) apply until:
55 1. The complaint is dismissed as legally insufficient;
56 2. Except in connection with complaints or referrals that
57 involve allegations of sexual harassment, sexual favors, or
58 sexual misconduct, the alleged violator requests in writing that
59 such records and proceedings be made public;
60 3. The commission determines that it will not investigate
61 the referral; or
62 4. The commission, a commission on ethics and public trust,
63 or a county or municipality that has established such local
64 investigatory process determines, based on such investigation,
65 whether probable cause exists to believe that a violation has
66 occurred.
67 (f) Notwithstanding paragraph (e), the personal identifying
68 information of an alleged victim of sexual harassment or sexual
69 misconduct or any information that could assist an individual in
70 determining the identity of such alleged victim remains
71 confidential and exempt as provided under s. 119.071(2)(n)3. and
72 may not be disclosed in a portion of a proceeding conducted by
73 the commission, a commission on ethics and public trust, or a
74 county or municipality that has established such local
75 investigatory process which is open to the public. This
76 paragraph is subject to the Open Government Sunset Review Act in
77 accordance with s. 119.15 and shall stand repealed on October 2,
78 2023, unless reviewed and saved from repeal through reenactment
79 by the Legislature.
80 Section 2. Paragraph (n) of subsection (2) of section
81 119.071, Florida Statutes, is amended to read:
82 119.071 General exemptions from inspection or copying of
83 public records.—
84 (2) AGENCY INVESTIGATIONS.—
85 (n)1. Complaints, referrals, and reports that allege sexual
86 harassment or sexual misconduct, including allegations of sexual
87 harassment or sexual misconduct in violation of part III of
88 chapter 112, and any related records that are held by an agency
89 are Personal identifying information of the alleged victim in an
90 allegation of sexual harassment is confidential and exempt from
91 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
92 Such information may be disclosed to another governmental entity
93 in the furtherance of its official duties and responsibilities.
94 2. Except as provided in subparagraph 3., the exemption in
95 subparagraph 1. applies until:
96 a. The agency determines that it will not investigate the
97 allegation;
98 b. The agency takes disciplinary action against the subject
99 of the allegation and determines that it will take no further
100 action in the matter; or
101 c. A finding is made as to whether probable cause exists.
102 3. Notwithstanding the release of any record pursuant to
103 subparagraph 2., any personal identifying information of an
104 alleged victim, or any information that could assist an
105 individual in determining the identity of such alleged victim,
106 shall remain confidential and exempt from s. 119.07(1) and s.
107 24(a), Art. I of the State Constitution. Such information may be
108 disclosed to another governmental entity in the furtherance of
109 the agency’s official duties and responsibilities or to the
110 parties to the allegation and their attorneys.
111 4. This paragraph is subject to the Open Government Sunset
112 Review Act in accordance with s. 119.15 and shall stand repealed
113 on October 2, 2023 2022, unless reviewed and saved from repeal
114 through reenactment by the Legislature.
115 Section 3. Subsection (3) is added to section 286.0113,
116 Florida Statutes, to read:
117 286.0113 General exemptions from public meetings.—
118 (3)(a) Any portion of a meeting that would reveal any
119 records involving an allegation of sexual harassment or sexual
120 misconduct which are made confidential and exempt by s.
121 119.071(2)(n)1. is exempt from s. 286.011 and s. 24(b), Art. I
122 of the State Constitution until the agency:
123 1. Determines it will not investigate the allegation;
124 2. Takes disciplinary action against the subject of the
125 allegation and determines it will take no further action; or
126 3. Makes a finding as to probable cause.
127 (b) Notwithstanding subparagraphs (a)1.-3., the personal
128 identifying information of an alleged victim of sexual
129 harassment or sexual misconduct or any information that could
130 assist an individual in determining the identity of such alleged
131 victim remains confidential and exempt as provided under s.
132 119.071(2)(n)3. and may not be disclosed in a portion of a
133 meeting that is open to the public.
134 (c) This subsection is subject to the Open Government
135 Sunset Review Act in accordance with s. 119.15 and shall stand
136 repealed on October 2, 2023, unless reviewed and saved from
137 repeal through reenactment by the Legislature.
138 Section 4. (1) The Legislature finds that it is a public
139 necessity that complaints, referrals, and records alleging
140 sexual harassment or sexual misconduct, and any related records
141 that are held by an agency be made confidential and exempt from
142 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
143 State Constitution until the agency determines that it will not
144 investigate the allegation; takes disciplinary action against
145 the subject of the allegation and determines it will take no
146 further action; or makes a finding as to probable cause. This
147 exemption is necessary because the release of such information
148 could potentially be defamatory to an individual under
149 investigation; could subject alleged victims to further sexual
150 harassment or retaliation; or could significantly impair the
151 integrity of any investigation of such allegations.
152 Additionally, the potential for disclosure of such information
153 could create a disincentive for alleged victims to report
154 instances of alleged harassment or misconduct. The Legislature
155 finds that the potential harm that may result from the release
156 of such information outweighs any public benefit that may be
157 derived from the disclosure of such information.
158 (2) The Legislature also finds that it is a public
159 necessity that any portion of a meeting that would reveal any
160 records involving an allegation of sexual harassment or sexual
161 misconduct which are made confidential and exempt under s.
162 119.071(2)(n)1., Florida Statutes, be made exempt under s.
163 286.011, Florida Statutes, and s. 24(b), Article I of the State
164 Constitution until the agency determines that it will not
165 investigate the allegation; takes disciplinary action against
166 the subject of the allegation and determines it will take no
167 further action; or makes a finding as to probable cause.
168 Furthermore, the Legislature also finds that it is a public
169 necessity to prohibit the disclosure of the personal identifying
170 information of an alleged victim of sexual harassment or sexual
171 misconduct, or any information that could assist an individual
172 in determining the identity of such alleged victim, in any
173 portion of a proceeding conducted by the Commission on Ethics, a
174 commission on ethics and public trust, or a county or
175 municipality that has established a local investigatory process
176 which is open to the public, or any portion of a meeting of any
177 board or commission of any state agency or authority or of any
178 agency or authority of any county, municipal corporation, or
179 political subdivision which is open to the public. The failure
180 to close a meeting at which records involving an allegation of
181 sexual harassment or sexual misconduct are discussed or acted
182 upon would defeat the purpose of the public records exemption.
183 The Legislature also finds that it is necessary to maintain the
184 confidentiality of an alleged victim’s identity after an agency
185 determines that it will not investigate the allegation; takes
186 disciplinary action against the subject of the allegation and
187 determines it will take no further action; or makes a finding as
188 to probable cause, because a victim may remain at risk of
189 further harassment and retaliation, and the disclosure of the
190 victim’s identity may cause damage to his or her reputation.
191 Section 5. This act shall take effect upon becoming a law.
