Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1922
                        Barcode 435246
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Community Affairs (Haridopolos) recommended
12  the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (2) of section 112.324, Florida
19  Statutes, is amended to read:
20         112.324  Procedures on complaints of violations; public
21  records and meeting exemptions.--
22         (2)(a)  The complaint and records relating to the
23  complaint or to any preliminary investigation held by the
24  commission or its agents or by a Commission on Ethics and
25  Public Trust established by any county defined in s.
26  125.011(1) or by any municipality defined in s. 165.031, are
27  confidential and exempt from the provisions of s. 119.07(1)
28  and s. 24(a), Art. I of the State Constitution, and any
29  proceeding conducted by the commission or a Commission on
30  Ethics and Public Trust, pursuant to a complaint or
31  preliminary investigation, is exempt from the provisions of s.
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    9:23 AM   04/19/05                             s1922c-ca26-j01

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1922 Barcode 435246 1 286.011, s. 24(b), Art. I of the State Constitution, and s. 2 120.525, until the complaint is dismissed as legally 3 insufficient, until the alleged violator requests in writing 4 that such records and proceedings be made public, or until the 5 commission or a Commission on Ethics and Public Trust 6 determines, based on such investigation, whether probable 7 cause exists to believe that a violation has occurred. In no 8 event shall a complaint under this part against a candidate in 9 any general, special, or primary election be filed or any 10 intention of filing such a complaint be disclosed on the day 11 of any such election or within the 5 days immediately 12 preceding the date of the election. 13 (b) Paragraph (a) is subject to the Open Government 14 Sunset Review Act of 1995 in accordance with s. 119.15, 15 Florida Statutes, and shall stand repealed on October 2, 2010, 16 unless reviewed and saved from repeal through reenactment by 17 the Legislature. 18 Section 2. The Legislature finds it a public necessity 19 that the complaint and records relating to the complaint of an 20 alleged violation of part III of chapter 112, Florida 21 Statutes, the Code of Ethics for Public Officers and 22 Employees, or any other alleged breach of the public trust 23 within the jurisdiction of a Commission on Ethics and Public 24 Trust established by any municipality, and records relating to 25 any preliminary investigation of such complaint, be held 26 confidential and exempt from section 119.07(1), Florida 27 Statutes, and Section 24(a), Article I of the State 28 Constitution until the complaint is dismissed as legally 29 insufficient, until the alleged violator requests in writing 30 that such records and proceedings be made public, or until the 31 commission or a Commission on Ethics and Public Trust 2 9:23 AM 04/19/05 s1922c-ca26-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1922 Barcode 435246 1 determines, based on such investigation, whether probable 2 cause exists to believe that a violation has occurred. This 3 exemption is necessary because the release of such information 4 could potentially be defamatory to an individual under 5 investigation or cause unwarranted damage to the good name or 6 reputation of such individual. In addition, the Legislature 7 finds it a public necessity that any proceeding conducted by a 8 municipal Commission on Ethics and Public Trust pursuant to a 9 complaint or preliminary investigation of such alleged 10 violation be exempt from section 286.011, Florida Statutes, 11 Section 24(b), Article I of the State Constitution, and 12 section 120.525, Florida Statutes, so that the administration 13 of such proceeding by a municipal commission on ethics is not 14 otherwise significantly impaired. The exemption of these 15 proceedings from public meetings requirements minimizes the 16 possibility of unnecessary scrutiny by the public or media of 17 individuals under investigation and their families, and 18 creates a secure environment in which a municipal commission 19 on ethics may conduct its business. Furthermore, the 20 Legislature has already recognized the importance of the 21 aforementioned public records and meetings exemptions by 22 exempting the records and meetings of the state Commission on 23 Ethics and those of a Commission on Ethics and Public Trust 24 formed by a county. 25 Section 3. This act shall take effect upon becoming a 26 law. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 Delete everything before the enacting clause 3 9:23 AM 04/19/05 s1922c-ca26-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1922 Barcode 435246 1 and insert: 2 A bill to be entitled 3 An act relating to public-records and 4 public-meetings exemptions; amending s. 5 112.324, F.S.; providing an exemption from 6 public-records requirements for a complaint of 7 an alleged violation of pt. III of chapter 112, 8 F.S., the Code of Ethics for Public Officers 9 and Employees, or any other alleged breach of 10 the public trust within the jurisdiction of a 11 Commission on Ethics and Public Trust 12 established by a municipality and records 13 relating to such complaint or to any 14 preliminary investigation held by the 15 commission; providing an exemption from public- 16 meetings requirements for any proceeding 17 conducted by the commission pursuant to such 18 complaint or preliminary investigation; 19 providing conditions for termination of the 20 exemptions; providing for review and repeal 21 under the Open Government Sunset Review Act; 22 providing a statement of public necessity; 23 providing an effective date. 24 25 26 27 28 29 30 31 4 9:23 AM 04/19/05 s1922c-ca26-j01