HB 1491

1
A bill to be entitled
2An act relating to public records and public meetings
3exemptions; amending s. 112.324, F.S.; providing an
4exemption from public records requirements for a complaint
5of an alleged violation of pt. III of chapter 112, F.S.,
6the Code of Ethics for Public Officers and Employees, or
7any other alleged breach of the public trust within the
8jurisdiction of a Commission on Ethics and Public Trust
9established by a municipality and records relating to such
10complaint or to any preliminary investigation held by the
11commission; providing an exemption from public meetings  
12requirements for any proceeding conducted by the
13commission pursuant to such complaint or preliminary
14investigation; providing conditions for termination of the
15exemptions; providing for review and repeal; providing a
16statement of public necessity; providing an effective
17date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (2) of section 112.324, Florida
22Statutes, is amended to read:
23     112.324  Procedures on complaints of violations; public
24records and meeting exemptions.--
25     (2)(a)  The complaint and records relating to the complaint
26or to any preliminary investigation held by the commission or
27its agents or by a Commission on Ethics and Public Trust
28established by any county defined in s. 125.011(1) or by any
29municipality defined in s. 165.031, are confidential and exempt
30from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
31State Constitution, and any proceeding conducted by the
32commission or a Commission on Ethics and Public Trust, pursuant
33to a complaint or preliminary investigation, is exempt from the
34provisions of s. 286.011, s. 24(b), Art. I of the State
35Constitution, and s. 120.525, until the complaint is dismissed
36as legally insufficient, until the alleged violator requests in
37writing that such records and proceedings be made public, or
38until the commission or a Commission on Ethics and Public Trust
39determines, based on such investigation, whether probable cause
40exists to believe that a violation has occurred. In no event
41shall a complaint under this part against a candidate in any
42general, special, or primary election be filed or any intention
43of filing such a complaint be disclosed on the day of any such
44election or within the 5 days immediately preceding the date of
45the election.
46     (b)  Paragraph (a) is subject to the Open Government Sunset
47Review Act of 1995 in accordance with s. 119.15, Florida
48Statutes, and shall stand repealed on October 2, 2010, unless
49reviewed and saved from repeal through reenactment by the
50Legislature.
51     Section 2.  The Legislature finds it a public necessity
52that the complaint and records relating to the complaint of an
53alleged violation of pt. III of chapter 112, Florida Statutes,
54the Code of Ethics for Public Officers and Employees, or any
55other alleged breach of the public trust within the jurisdiction
56of a Commission on Ethics and Public Trust established by any
57municipality, and records relating to any preliminary
58investigation of such complaint, be held confidential and exempt
59from s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the
60State Constitution until the complaint is dismissed as legally
61insufficient, until the alleged violator requests in writing
62that such records and proceedings be made public, or until the
63commission or a Commission on Ethics and Public Trust
64determines, based on such investigation, whether probable cause
65exists to believe that a violation has occurred. This exemption
66is necessary because the release of such information could
67potentially be defamatory to an individual under investigation
68or cause unwarranted damage to the good name or reputation of
69such individual. In addition, the Legislature finds it a public
70necessity that any proceeding conducted by a municipal
71Commission on Ethics and Public Trust pursuant to a complaint or
72preliminary investigation of such alleged violation be exempt
73from s. 286.011, Florida Statutes, s. 24(b), Art. I of the State
74Constitution, and s. 120.525, Florida Statutes, so that the
75administration of such proceeding by a municipal commission on
76ethics is not otherwise significantly impaired. The exemption of
77these proceedings from public meetings requirements minimizes
78the possibility of unnecessary scrutiny by the public or media
79of individuals under investigation and their families, and
80creates a secure environment in which a municipal commission on
81ethics may conduct its business. Furthermore, the Legislature
82has already recognized the importance of the aforementioned
83public records and meetings exemptions by exempting the records
84and meetings of the state Commission on Ethics and those of a
85Commission on Ethics and Public Trust formed by a county.
86     Section 3.  This act shall take effect upon becoming a law.


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