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43	repealed on October 2, 2010, unless reviewed and saved from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