Senate Bill sb0352
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Florida Senate - 2002 SB 352
By the Committee on Ethics and Elections; and Senator
Sanderson
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1 A bill to be entitled
2 An act relating to public records and public
3 meetings exemptions regarding ethics complaint
4 records and proceedings; amending s. 112.324,
5 F.S., which provides a public-records exemption
6 for certain information held by the Commission
7 on Ethics or any county Commission on Ethics
8 and Public Trust and a public-meetings
9 exemption for commission proceedings wherein
10 such information is discussed; reenacting such
11 exemptions and removing the October 2, 2002,
12 repeal thereof scheduled under the Open
13 Government Sunset Review Act of 1995; adding
14 clarifying provisions; deleting obsolete
15 provisions; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 112.324, Florida Statutes, is
20 amended to read:
21 112.324 Procedures on complaints of violations; public
22 records and meetings exemptions.--
23 (1) Upon a written complaint executed on a form
24 prescribed by the commission and signed under oath or
25 affirmation by any person, the commission shall investigate
26 any alleged violation of this part or any other alleged breach
27 of the public trust within the jurisdiction of the commission
28 as provided in s. 8(f), Art. II of the State Constitution in
29 accordance with procedures set forth herein. Within 5 days
30 after receipt of a complaint by the commission, a copy shall
31 be transmitted to the alleged violator.
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Florida Senate - 2002 SB 352
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1 (2) All proceedings, The complaint, and other records
2 relating to the complaint or to any preliminary investigation,
3 held by the Commission on Ethics or its agents or provided
4 herein, or as provided by a Commission on Ethics and Public
5 Trust established by any county defined in s. 125.011(1), are
6 shall be confidential and exempt from the provisions of s.
7 119.07(1), and s. 24(a), Art. I of the State Constitution, and
8 any proceedings conducted by the Commission on Ethics or a
9 Commission on Ethics and Public Trust, pursuant to a complaint
10 or investigation, are exempt from the provisions of s. 286.011
11 and s. 24(b), Art. I of the State Constitution, and s. 120.525
12 either until the complaint is dismissed as legally
13 insufficient, until the alleged violator requests in writing
14 that such investigation and records be made public, records or
15 until the Commission on Ethics or a Commission on Ethics and
16 Public Trust determines, based on the investigation, whether
17 probable cause exists to believe that a violation has occurred
18 the preliminary investigation is completed, notwithstanding
19 any provision of chapter 120 or s. 286.011 and s. 24(b), Art.
20 I of the State Constitution. In no event shall a complaint
21 under this part against a candidate in any general, special,
22 or primary election be filed or any intention of filing such a
23 complaint be disclosed on the day of any such election or
24 within the 5 days immediately preceding the date of the
25 election. This subsection is repealed October 2, 2002, and
26 must be reviewed by the Legislature before that date in
27 accordance with s. 119.15, the Open Government Sunset Review
28 Act of 1995.
29 (3)(2) A preliminary investigation shall be undertaken
30 by the commission of each legally sufficient complaint over
31 which the commission has jurisdiction to determine whether
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Florida Senate - 2002 SB 352
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1 there is probable cause to believe that a violation has
2 occurred. If, upon completion of the preliminary
3 investigation, the commission finds no probable cause to
4 believe that this part has been violated or that any other
5 breach of the public trust has been committed, the commission
6 shall dismiss the complaint with the issuance of a public
7 report to the complainant and the alleged violator, stating
8 with particularity its reasons for dismissal of the complaint.
9 At that time, the complaint and all materials relating to the
10 complaint shall become a matter of public record. If the
11 commission finds from the preliminary investigation probable
12 cause to believe that this part has been violated or that any
13 other breach of the public trust has been committed, it shall
14 so notify the complainant and the alleged violator in writing.
15 Such notification and all documents made or received in the
16 disposition of the complaint shall then become public records.
17 Upon request submitted to the commission in writing, any
18 person who the commission finds probable cause to believe has
19 violated any provision of this part or has committed any other
20 breach of the public trust shall be entitled to a public
21 hearing. Such person shall be deemed to have waived the right
22 to a public hearing if the request is not received within 14
23 days following the mailing of the probable cause notification
24 required by this subsection. However, the commission may on
25 its own motion, require a public hearing, may conduct such
26 further investigation as it deems necessary, and may enter
27 into such stipulations and settlements as it finds to be just
28 and in the best interest of the State. The commission is
29 without jurisdiction to, and no respondent may voluntarily or
30 involuntarily, enter into a stipulation or settlement which
31 imposes any penalty, including, but not limited to, a sanction
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Florida Senate - 2002 SB 352
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1 or admonition or any other penalty contained in s. 112.317.
2 Penalties shall be imposed only by the appropriate
3 disciplinary authority as designated in this section.
4 (4)(3) If, in cases pertaining to members of the
5 Legislature, upon completion of a full and final investigation
6 by the commission, the commission finds that there has been a
7 violation of this part or of any provision of s. 8, Art. II of
8 the State Constitution, the commission shall forward a copy of
9 the complaint and its findings by certified mail to the
10 President of the Senate or the Speaker of the House of
11 Representatives, whichever is applicable, who shall refer the
12 complaint to the appropriate committee for investigation and
13 action which shall be governed by the rules of its respective
14 house. It shall be the duty of the committee to report its
15 final action upon the complaint to the commission within 90
16 days of the date of transmittal to the respective house. Upon
17 request of the committee, the commission shall submit a
18 recommendation as to what penalty, if any, should be imposed.
19 In the case of a member of the Legislature, the house in which
20 the member serves shall have the power to invoke the penalty
21 provisions of this part.
22 (5)(4) If, in cases pertaining to complaints against
23 impeachable officers, upon completion of a full and final
24 investigation by the commission, the commission finds that
25 there has been a violation of this part or of any provision of
26 s. 8, Art. II of the State Constitution, and the commission
27 finds that the violation may constitute grounds for
28 impeachment, the commission shall forward a copy of the
29 complaint and its findings by certified mail to the Speaker of
30 the House of Representatives, who shall refer the complaint to
31 the appropriate committee for investigation and action which
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1 shall be governed by the rules of the House of
2 Representatives. It shall be the duty of the committee to
3 report its final action upon the complaint to the commission
4 within 90 days of the date of transmittal.
5 (6)(5) If the commission finds that there has been a
6 violation of this part or of any provision of s. 8, Art. II of
7 the State Constitution by an impeachable officer other than
8 the Governor, and the commission recommends public censure and
9 reprimand, forfeiture of a portion of the officer's salary, a
10 civil penalty, or restitution, the commission shall report its
11 findings and recommendation of disciplinary action to the
12 Governor, who shall have the power to invoke the penalty
13 provisions of this part.
14 (7)(6) If the commission finds that there has been a
15 violation of this part or of any provision of s. 8, Art. II of
16 the State Constitution by the Governor, and the commission
17 recommends public censure and reprimand, forfeiture of a
18 portion of the Governor's salary, a civil penalty, or
19 restitution, the commission shall report its findings and
20 recommendation of disciplinary action to the Attorney General,
21 who shall have the power to invoke the penalty provisions of
22 this part.
23 (8)(7) If, in cases pertaining to complaints other
24 than complaints against impeachable officers or members of the
25 Legislature, upon completion of a full and final investigation
26 by the commission, the commission finds that there has been a
27 violation of this part or of s. 8, Art. II of the State
28 Constitution, it shall be the duty of the commission to report
29 its findings and recommend appropriate action to the proper
30 disciplinary official or body as follows, and such official or
31 body shall have the power to invoke the penalty provisions of
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1 this part, including the power to order the appropriate
2 elections official to remove a candidate from the ballot for a
3 violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
4 State Constitution:
5 (a) The President of the Senate and the Speaker of the
6 House of Representatives, jointly, in any case concerning the
7 Public Counsel, members of the Public Service Commission,
8 members of the Public Service Commission Nominating Council,
9 the Auditor General, the director of the Office of Program
10 Policy Analysis and Government Accountability, or members of
11 the Legislative Committee on Intergovernmental Relations.
12 (b) The Supreme Court, in any case concerning an
13 employee of the judicial branch.
14 (c) The President of the Senate, in any case
15 concerning an employee of the Senate; the Speaker of the House
16 of Representatives, in any case concerning an employee of the
17 House of Representatives; or the President and the Speaker,
18 jointly, in any case concerning an employee of a committee of
19 the Legislature whose members are appointed solely by the
20 President and the Speaker or in any case concerning an
21 employee of the Public Counsel, Public Service Commission,
22 Auditor General, Office of Program Policy Analysis and
23 Government Accountability, or Legislative Committee on
24 Intergovernmental Relations.
25 (d) Except as otherwise provided by this part, the
26 Governor, in the case of any other public officer, public
27 employee, former public officer or public employee, candidate,
28 or former candidate.
29 (e) The President of the Senate or the Speaker of the
30 House of Representatives, whichever is applicable, in any case
31 concerning a former member of the Legislature who has violated
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1 a provision applicable to former members or whose violation
2 occurred while a member of the Legislature.
3 (9)(8) In addition to reporting its findings to the
4 proper disciplinary body or official, the commission shall
5 report these findings to the state attorney or any other
6 appropriate official or agency having authority to initiate
7 prosecution when violation of criminal law is indicated.
8 (10)(9) Notwithstanding the foregoing procedures of
9 this section, a sworn complaint against any member or employee
10 of the Commission on Ethics for violation of this part or of
11 s. 8, Art. II of the State Constitution shall be filed with
12 the President of the Senate and the Speaker of the House of
13 Representatives. Each presiding officer shall, after
14 determining that there are sufficient grounds for review,
15 appoint three members of their respective bodies to a special
16 joint committee who shall investigate the complaint. The
17 members shall elect a chair from among their number. If the
18 special joint committee finds insufficient evidence to
19 establish probable cause to believe a violation of this part
20 or of s. 8, Art. II of the State Constitution has occurred, it
21 shall dismiss the complaint. If, upon completion of its
22 preliminary investigation, the committee finds sufficient
23 evidence to establish probable cause to believe a violation
24 has occurred, the chair thereof shall transmit such findings
25 to the Governor who shall convene a meeting of the Governor,
26 the President of the Senate, the Speaker of the House of
27 Representatives, and the Chief Justice of the Supreme Court to
28 take such final action on the complaint as they shall deem
29 appropriate, consistent with the penalty provisions of this
30 part. Upon request of a majority of the Governor, the
31 President of the Senate, the Speaker of the House of
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1 Representatives, and the Chief Justice of the Supreme Court,
2 the special joint committee shall submit a recommendation as
3 to what penalty, if any, should be imposed.
4 (11)(10) Notwithstanding the provisions of subsections
5 (1)-(8) (1)-(7), the commission may, at its discretion,
6 dismiss any complaint at any stage of disposition should it
7 determine that the public interest would not be served by
8 proceeding further, in which case the commission shall issue a
9 public report stating with particularity its reasons for the
10 dismissal. The investigation of facts and parties materially
11 related to a complaint, as provided in s. 112.322(1) and
12 pursuant to the definitions contained in s. 112.312(11) and
13 (18), and the amendment of s. 112.3143 shall apply only to
14 alleged violations occurring after May 24, 1991.
15 Section 2. This act shall take effect July 1, 2002.
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18 SENATE SUMMARY
19 Reenacts and amends s. 112.324, F.S.; which provides a
public-records exemption for specified information held
20 by the Commission on Ethics or by any county Commission
on Ethics and Public Trust, and provides a
21 public-meetings exemption for such commissions'
proceedings at which such information is discussed.
22 Removes the October 2, 2002, repeal of s. 112.324, F.S.
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