HB 1091

1	A bill to be entitled
2	An act relating to public records and public meetings
3	exemptions for investigations by the Commission for
4	Independent Education; amending s. 1005.38, F.S.; creating
5	an exemption from public records requirements for a
6	complaint, information obtained during an investigation,
7	and minutes and findings of a probable cause panel
8	relating to suspected violations of ch. 1005, F.S., or
9	commission rules; creating an exemption from public
10	meetings requirements for proceedings of a probable cause
11	panel; providing for limited duration of the exemptions;
12	providing for future review and repeal; providing a
13	statement of public necessity; providing a contingent
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraphs (b), (c), (d), (e), and (f) of
19	subsection (6) of section 1005.38, Florida Statutes, as amended
20	by HB 1089, 2005 Regular Session, are redesignated as paragraphs
21	(c), (d), (e), (f), and (g), respectively, and a new paragraph
22	(b) is added to said subsection to read:
23	1005.38  Actions against a licensee and other penalties.--
24	(6)  The commission may conduct disciplinary proceedings
25	through an investigation of any suspected violation of this
26	chapter or any rule of the commission, including a finding of
27	probable cause and making reports to any law enforcement agency
28	or regulatory agency.
29	(b)1.  A complaint, all information obtained by the
30	commission during the resultant investigation, and the minutes
31	and findings of a probable cause panel shall be confidential and
32	exempt from the provisions of s. 24(a), Art. I of the State
33	Constitution and s. 119.07(1) for a maximum of 10 days after the
34	panel declares findings of probable cause. All proceedings of a
35	probable cause panel are exempt from the provisions of s. 24(b),
36	Art. I of the State Constitution and s. 286.011 for a maximum of
37	10 days after the probable cause panel declares the findings.
38	2.  This paragraph is subject to the Open Government Sunset
39	Review Act of 1995 in accordance with s. 119.15 and shall stand
40	repealed on October 2, 2010, unless reviewed and saved from
41	repeal through reenactment by the Legislature.
42	Section 2.  The Legislature finds that it is a public
43	necessity that a complaint, information obtained during the
44	resultant investigation, and the minutes and findings of a
45	probable cause panel relating to suspected violations of chapter
46	1005, Florida Statutes, or rules of the Commission for
47	Independent Education be held confidential and exempt from
48	public disclosure for a maximum of 10 days after a panel
49	declares findings of probable cause. In addition, the
50	Legislature finds that it is a public necessity that the
51	proceedings of a probable cause panel relating to such
52	violations be exempt from public meetings requirements for a
53	maximum of 10 days after the panel declares findings of probable
54	cause. The Legislature finds that lack of confidentiality during
55	an institutional investigation and the probable cause process
56	impedes the investigation. The Legislature finds that false
57	accusations against an institution, or the dissemination of
58	inaccurate information, may result in harm to past graduates and
59	current students by improperly tainting the reputation of an
60	institution and the credentials of its students. By ensuring
61	confidentiality during the investigatory and probable cause
62	processes, the state helps to maintain and enforce the federal
63	Family Educational Rights and Privacy Act by ensuring that
64	student records are kept confidential.
65	Section 3.  This act shall take effect on the same date
66	that HB 1089 or similar legislation takes effect, if such
67	legislation is adopted in the same legislative session or an
68	extension thereof and becomes law.

CODING: Words stricken are deletions; words underlined are additions.