| 1 | The Education Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public records and public meetings |
| 7 | exemptions for investigations by the Commission for |
| 8 | Independent Education; amending s. 1005.38, F.S.; creating |
| 9 | an exemption from public records requirements for |
| 10 | investigatory records, including minutes and findings of |
| 11 | an exempt probable cause panel meeting, relating to |
| 12 | suspected violations of ch. 1005, F.S., or commission |
| 13 | rules; creating an exemption from public meetings |
| 14 | requirements for certain portions of meetings of a |
| 15 | probable cause panel; providing for limited duration of |
| 16 | the exemptions; providing for future review and repeal; |
| 17 | providing a statement of public necessity; providing a |
| 18 | contingent effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Paragraphs (b), (c), (d), and (e) of subsection |
| 23 | (6) of section 1005.38, Florida Statutes, as amended by HB 1089 |
| 24 | or similar legislation during the 2005 Regular Session or an |
| 25 | extension thereof, are redesignated as paragraphs (c), (d), (e), |
| 26 | and (f), respectively, and a new paragraph (b) is added to said |
| 27 | subsection to read: |
| 28 | 1005.38 Actions against a licensee and other penalties.-- |
| 29 | (6) The commission may conduct disciplinary proceedings |
| 30 | through an investigation of any suspected violation of this |
| 31 | chapter or any rule of the commission, including a finding of |
| 32 | probable cause and making reports to any law enforcement agency |
| 33 | or regulatory agency. |
| 34 | (b)1. All investigatory records held by the commission in |
| 35 | conjunction with an investigation conducted pursuant to this |
| 36 | subsection, including minutes and findings of an exempt probable |
| 37 | cause panel meeting convened in conjunction with such |
| 38 | investigation, are exempt from s. 119.07(1) and s. 24(a), Art. I |
| 39 | of the State Constitution for a period not to exceed 10 days |
| 40 | after the panel makes a determination regarding probable cause. |
| 41 | 2. Those portions of meetings of the probable cause panel |
| 42 | at which records made exempt pursuant to subparagraph 1. are |
| 43 | discussed are exempt from s. 286.011 and s. 24(b), Art. I of the |
| 44 | State Constitution. |
| 45 | 3. This paragraph is subject to the Open Government Sunset |
| 46 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
| 47 | repealed on October 2, 2010, unless reviewed and saved from |
| 48 | repeal through reenactment by the Legislature. |
| 49 | Section 2. The Legislature finds that it is a public |
| 50 | necessity that investigatory records held by the Commission for |
| 51 | Independent Education in conjunction with an investigation |
| 52 | conducted pursuant to section 1005.38(6), Florida Statutes, |
| 53 | including minutes and findings of an exempt probable cause panel |
| 54 | meeting convened in conjunction with such investigation, be made |
| 55 | exempt from public records requirements for a period not to |
| 56 | exceed 10 days after a panel makes a determination regarding |
| 57 | probable cause. The Legislature further finds that it is a |
| 58 | public necessity that those portions of meetings of any probable |
| 59 | cause panel convened in conjunction with such investigations at |
| 60 | which exempt investigatory records are discussed be made exempt |
| 61 | from public meetings requirements. The exemptions created by |
| 62 | this act relating to investigations conducted by the Commission |
| 63 | for Independent Education prevent unfounded complaints and |
| 64 | investigations from being used to damage the good name of an |
| 65 | institution or persons associated with the institution. Because |
| 66 | the information made exempt under this act will be available to |
| 67 | the public after a determination regarding probable cause is |
| 68 | made, public oversight will be maintained. |
| 69 | Section 3. This act shall take effect on the same date |
| 70 | that HB 1089 or similar legislation takes effect, if such |
| 71 | legislation is adopted in the same legislative session or an |
| 72 | extension thereof and becomes law. |