Senate Bill sb1922

    Florida Senate - 2005                                  SB 1922

    By Senator Sebesta





    16-1030-05

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         amending s. 112.324, F.S.; exempting records

  4         and meetings of a commission on ethics

  5         established by a municipality from disclosure

  6         and public-meetings requirements; providing a

  7         statement of public necessity; providing for

  8         future legislative review and repeal under the

  9         Open Government Sunset Review Act; providing an

10         effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (2) of section 112.324, Florida

15  Statutes, is amended to read:

16         112.324  Procedures on complaints of violations; public

17  records and meeting exemptions.--

18         (2)  The complaint and records relating to the

19  complaint or to any preliminary investigation held by the

20  commission or its agents or by a Commission on Ethics and

21  Public Trust established by any county defined in s.

22  125.011(1) or by any municipality defined in s. 165.031, are

23  confidential and exempt from the provisions of s. 119.07(1)

24  and s. 24(a), Art. I of the State Constitution, and any

25  proceeding conducted by the commission or a Commission on

26  Ethics and Public Trust, pursuant to a complaint or

27  preliminary investigation, is exempt from the provisions of s.

28  286.011, s. 24(b), Art. I of the State Constitution, and s.

29  120.525, until the complaint is dismissed as legally

30  insufficient, until the alleged violator requests in writing

31  that such records and proceedings be made public, or until the

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    Florida Senate - 2005                                  SB 1922
    16-1030-05




 1  commission or a Commission on Ethics and Public Trust

 2  determines, based on such investigation, whether probable

 3  cause exists to believe that a violation has occurred.  In no

 4  event shall a complaint under this part against a candidate in

 5  any general, special, or primary election be filed or any

 6  intention of filing such a complaint be disclosed on the day

 7  of any such election or within the 5 days immediately

 8  preceding the date of the election.

 9         Section 2.  The Legislature finds it a public necessity

10  that information concerning individuals under investigation

11  for alleged violations of the ethics standards be kept

12  confidential and exempt from the public-records law. The

13  release of such information could potentially be defamatory to

14  such individuals or cause unwarranted damage to the good name

15  or reputation of such individuals. In addition, the

16  Legislature finds it a public necessity that records be

17  protected and meetings be closed to the public so that

18  administration by a municipal commission on ethics is not

19  otherwise significantly impaired. The exemption of this

20  information would minimize the possibility of unnecessary

21  scrutiny by the public or the media of individuals under

22  investigation and their families and will create a secure

23  environment in which a municipal commission on ethics may

24  conduct its business. Furthermore, the Legislature has already

25  recognized the importance of such public records and meetings

26  exemptions by exempting the records and meetings of the state

27  Commission on Ethics and those of a commission on ethics

28  formed by a county.

29         Section 3.  The exemption provided in section

30  112.324(2), Florida Statutes, as amended by this act for

31  records and meetings of commissions on ethics created by

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    Florida Senate - 2005                                  SB 1922
    16-1030-05




 1  municipalities is subject to the Open Government Sunset Review

 2  Act of 1995 in accordance with section 119.15, Florida

 3  Statutes, and shall stand repealed on October 2, 2010, unless

 4  reviewed and reenacted by the Legislature.

 5         Section 4.  This act shall take effect July 1, 2005.

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 8                          SENATE SUMMARY

 9    Exempts records and meetings of a commission on ethics
      created by a municipality from disclosure in the same
10    manner as the state Commission on Ethics or a commission
      on ethics created by a county. The exemption expires
11    October 2, 2010, unless reviewed and revived by the
      Legislature.
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