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. |