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