Senate Bill sb1272c2
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Florida Senate - 2005 CS for CS for SB 1272
By the Committees on Governmental Oversight and Productivity;
Education; and Senator Wise
585-2196-05
1 A bill to be entitled
2 An act relating to public records and public
3 meetings exemptions for investigations by the
4 Commission for Independent Education; amending
5 s. 1005.38, F.S.; creating an exemption from
6 public records requirements for investigatory
7 records, including minutes and findings of an
8 exempt probable cause panel relating to
9 suspected violations of ch. 1005, F.S., or
10 commission rules; creating an exemption from
11 public meetings requirements for proceedings of
12 a probable cause panel; providing for limited
13 duration of the exemptions; providing for
14 future review and repeal; providing a statement
15 of public necessity; providing a contingent
16 effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Paragraphs (b), (c), (d), and (e), of
21 subsection (6) of section 1005.38, Florida Statutes, as
22 amended by SB 1250, 2005 Regular Session, are redesignated as
23 paragraphs (c), (d), (e), and (f), respectively, and a new
24 paragraph (b) is added to that subsection to read:
25 1005.38 Actions against a licensee and other
26 penalties.--
27 (6) The commission may conduct disciplinary
28 proceedings through an investigation of any suspected
29 violation of this chapter or any rule of the commission,
30 including a finding of probable cause and making reports to
31 any law enforcement agency or regulatory agency.
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Florida Senate - 2005 CS for CS for SB 1272
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1 (b)1. All investigatory records held by the commission
2 in conjunction with an investigation conducted pursuant to
3 this subsection, including minutes and findings of an exempt
4 probable cause panel meeting convened in conjunction with such
5 investigation, are exempt from s. 119.07(1) and s. 24(a), Art.
6 I of the State Constitution for a period not to exceed 10 days
7 after the panel makes a determination regarding probable
8 cause.
9 2. Those portions of a meeting of the probable cause
10 panel at which records made exempt pursuant to subparagraph 1.
11 are discussed are exempt from s. 286.011 and s. 24(b), Art. I
12 of the State Constitution.
13 3. This paragraph is subject to the Open Government
14 Sunset Review Act of 1995 in accordance with s. 119.15 and
15 shall stand repealed on October 2, 2010, unless reviewed and
16 saved from repeal through reenactment by the Legislature.
17 Section 2. The Legislature finds that it is a public
18 necessity that investigatory records held by the Commission
19 for Independent Education in conjunction with an investigation
20 conducted pursuant to section 1005.38(6), Florida Statutes,
21 including minutes and findings of an exempt probable cause
22 panel meeting convened in conjunction with such
23 investigations, be made exempt from public records
24 requirements for a period not to exceed 10 days after a panel
25 makes a determination regarding probable cause. The
26 Legislature further finds that it is a public necessity that
27 those portions of meetings of any probable cause panel
28 convened in conjunction with such investigations at which
29 exempt investigatory records are discussed be made exempt from
30 public meetings requirements. The exemptions created by this
31 act relating to investigations conducted by the Commission for
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Florida Senate - 2005 CS for CS for SB 1272
585-2196-05
1 Independent Education prevent unfounded complaints and
2 investigations from being used to damage the good name of an
3 institution or persons associated with the institution.
4 Because the information made exempt under this act will be
5 available to the public after a determination regarding
6 probable cause is made, public oversight will be maintained.
7 Section 3. This act shall take effect on the same date
8 that SB 1250 or similar legislation takes effect, if such
9 legislation is adopted in the same legislative session or an
10 extension thereof and becomes law.
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12 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
13 CS/SB 1272
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15 Conforms the statement of public necessity to a change made in
the exemption. That change narrowed the exemption to portions
16 of meetings of probable cause panels at which exempt
investigatory records are discussed, instead of all
17 proceedings of the panel.
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