Senate Bill sb1272c2

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    Florida Senate - 2005                    CS for CS for SB 1272

    By the Committees on Governmental Oversight and Productivity;
    Education; and Senator Wise




    585-2196-05

  1                      A bill to be entitled

  2         An act relating to public records and public

  3         meetings exemptions for investigations by the

  4         Commission for Independent Education; amending

  5         s. 1005.38, F.S.; creating an exemption from

  6         public records requirements for investigatory

  7         records, including minutes and findings of an

  8         exempt probable cause panel relating to

  9         suspected violations of ch. 1005, F.S., or

10         commission rules; creating an exemption from

11         public meetings requirements for proceedings of

12         a probable cause panel; providing for limited

13         duration of the exemptions; providing for

14         future review and repeal; providing a statement

15         of public necessity; providing a contingent

16         effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Paragraphs (b), (c), (d), and (e), of

21  subsection (6) of section 1005.38, Florida Statutes, as

22  amended by SB 1250, 2005 Regular Session, are redesignated as

23  paragraphs (c), (d), (e), and (f), respectively, and a new

24  paragraph (b) is added to that subsection to read:

25         1005.38  Actions against a licensee and other

26  penalties.--

27         (6)  The commission may conduct disciplinary

28  proceedings through an investigation of any suspected

29  violation of this chapter or any rule of the commission,

30  including a finding of probable cause and making reports to

31  any law enforcement agency or regulatory agency.

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    Florida Senate - 2005                    CS for CS for SB 1272
    585-2196-05




 1         (b)1.  All investigatory records held by the commission

 2  in conjunction with an investigation conducted pursuant to

 3  this subsection, including minutes and findings of an exempt

 4  probable cause panel meeting convened in conjunction with such

 5  investigation, are exempt from s. 119.07(1) and s. 24(a), Art.

 6  I of the State Constitution for a period not to exceed 10 days

 7  after the panel makes a determination regarding probable

 8  cause.

 9         2.  Those portions of a meeting of the probable cause

10  panel at which records made exempt pursuant to subparagraph 1.

11  are discussed are exempt from s. 286.011 and s. 24(b), Art. I

12  of the State Constitution.

13         3.  This paragraph is subject to the Open Government

14  Sunset Review Act of 1995 in accordance with s. 119.15 and

15  shall stand repealed on October 2, 2010, unless reviewed and

16  saved from repeal through reenactment by the Legislature.

17         Section 2.  The Legislature finds that it is a public

18  necessity that investigatory records held by the Commission

19  for Independent Education in conjunction with an investigation

20  conducted pursuant to section 1005.38(6), Florida Statutes,

21  including minutes and findings of an exempt probable cause

22  panel meeting convened in conjunction with such

23  investigations, be made exempt from public records

24  requirements for a period not to exceed 10 days after a panel

25  makes a determination regarding probable cause. The

26  Legislature further finds that it is a public necessity that

27  those portions of meetings of any probable cause panel

28  convened in conjunction with such investigations at which

29  exempt investigatory records are discussed be made exempt from

30  public meetings requirements. The exemptions created by this

31  act relating to investigations conducted by the Commission for

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    Florida Senate - 2005                    CS for CS for SB 1272
    585-2196-05




 1  Independent Education prevent unfounded complaints and

 2  investigations from being used to damage the good name of an

 3  institution or persons associated with the institution.

 4  Because the information made exempt under this act will be

 5  available to the public after a determination regarding

 6  probable cause is made, public oversight will be maintained.

 7         Section 3.  This act shall take effect on the same date

 8  that SB 1250 or similar legislation takes effect, if such

 9  legislation is adopted in the same legislative session or an

10  extension thereof and becomes law.

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12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                            CS/SB 1272

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15  Conforms the statement of public necessity to a change made in
    the exemption. That change narrowed the exemption to portions
16  of meetings of probable cause panels at which exempt
    investigatory records are discussed, instead of all
17  proceedings of the panel.

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