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. |