Senate Bill sb1946

    Florida Senate - 2005                                  SB 1946

    By Senator Posey





    24-1418-05

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         112.324, F.S.; providing an exemption from

  4         public-records requirements for information and

  5         referrals received by the Commission on Ethics

  6         relating to violations of the ethics code until

  7         the commission determines that it will not

  8         investigate the complaint or referral;

  9         providing for release of such information to

10         criminal investigative agencies; providing for

11         future legislative review and repeal under the

12         Open Government Sunset Review Act; providing a

13         finding of public necessity; providing an

14         effective date.

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

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18         Section 1.  Subsection (2) of section 112.324, Florida

19  Statutes, is amended to read:

20         112.324  Procedures on complaints of violations; public

21  records and meeting exemptions.--

22         (2)  The complaint and records relating to the

23  complaint or to any preliminary investigation, or the

24  commission's determination regarding the information or the

25  referral as provided in this section, held by the commission

26  or its agents or by a Commission on Ethics and Public Trust

27  established by any county defined in s. 125.011(1), are

28  confidential and exempt from the provisions of s. 119.07(1)

29  and s. 24(a), Art. I of the State Constitution, and any

30  proceeding conducted by the commission or a Commission on

31  Ethics and Public Trust, pursuant to a complaint, information

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    Florida Senate - 2005                                  SB 1946
    24-1418-05




 1  or referral as provided in this section, or preliminary

 2  investigation, is exempt from the provisions of s. 286.011, s.

 3  24(b), Art. I of the State Constitution, and s. 120.525, until

 4  the complaint is dismissed as legally insufficient, until the

 5  alleged violator requests in writing that such records and

 6  proceedings be made public, until the commission determines

 7  that it will not investigate the complaint or referral, or

 8  until the commission or a Commission on Ethics and Public

 9  Trust determines, based on such investigation, whether

10  probable cause exists to believe that a violation has

11  occurred. The confidentiality requirements of this section do

12  not prohibit the commission or its staff from sharing

13  investigative information with criminal investigative

14  agencies. In no event shall a complaint under this part

15  against a candidate in any general, special, or primary

16  election be filed or any intention of filing such a complaint

17  be disclosed on the day of any such election or within the 5

18  days immediately preceding the date of the election. The

19  confidentiality provisions of this subsection are subject to

20  the Open Government Sunset Review Act of 1995 in accordance

21  with s. 119.15, and shall stand repealed on October 2, 2010,

22  unless reviewed and saved from repeal through reenactment by

23  the Legislature.

24         Section 2.  The Legislature finds that the release to

25  the public of proceedings relating to information or referrals

26  received by the Commission on Ethics relating to a possible

27  violation of the Code of Ethics for Public Officers and

28  Employees before a determination of probable cause may have an

29  adverse effect upon the person who is subject to the

30  complaint. The Legislature further finds that such

31  determination may subsequently be reversed or modified and

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    Florida Senate - 2005                                  SB 1946
    24-1418-05




 1  that the commission may choose not to continue the

 2  investigation into the alleged violation. The Legislature also

 3  finds that the exemption is of limited scope so that an

 4  accused's rights are protected while, at the same time, the

 5  public's right to obtain information is preserved. Therefore,

 6  it is a public necessity to protect the confidentiality of

 7  such information.

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

 9  that Senate Bill ____ or similar legislation takes effect, if

10  such legislation is enacted in the same legislative session or

11  an extension thereof and becomes law.

12  

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14                          SENATE SUMMARY

15    Exempts information and referrals received by the
      Commission on Ethics from public-records requirements
16    until the commission determines that it will not
      investigate the complaint or referral. Authorizes the
17    release of such information to criminal investigative
      agencies. Provides for future legislative review and
18    repeal of the exemption.

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