Senate Bill sb1922c1

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    Florida Senate - 2005                           CS for SB 1922

    By the Committee on Community Affairs; and Senator Sebesta





    578-2160-05

  1                      A bill to be entitled

  2         An act relating to public-records and

  3         public-meetings exemptions; amending s.

  4         112.324, F.S.; providing an exemption from

  5         public-records requirements for a complaint of

  6         an alleged violation of part III of chapter

  7         112, F.S., the Code of Ethics for Public

  8         Officers and Employees, or any other alleged

  9         breach of the public trust within the

10         jurisdiction of a Commission on Ethics and

11         Public Trust established by a municipality and

12         records relating to such complaint or to any

13         preliminary investigation held by the

14         commission; providing an exemption from public-

15         meetings requirements for any proceeding

16         conducted by the commission pursuant to such

17         complaint or preliminary investigation;

18         providing conditions for termination of the

19         exemptions; providing for review and repeal

20         under the Open Government Sunset Review Act;

21         providing a statement of public necessity;

22         providing an effective date.

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

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

27  Statutes, is amended to read:

28         112.324  Procedures on complaints of violations; public

29  records and meeting exemptions.--

30         (2)(a)  The complaint and records relating to the

31  complaint or to any preliminary investigation held by the

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    Florida Senate - 2005                           CS for SB 1922
    578-2160-05




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

 2  Public Trust established by any county defined in s.

 3  125.011(1) or by any municipality defined in s. 165.031, are

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

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

 6  proceeding conducted by the commission or a Commission on

 7  Ethics and Public Trust, pursuant to a complaint or

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

 9  286.011, s. 24(b), Art. I of the State Constitution, and s.

10  120.525, until the complaint is dismissed as legally

11  insufficient, until the alleged violator requests in writing

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

13  commission or a Commission on Ethics and Public Trust

14  determines, based on such investigation, whether probable

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

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

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

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

19  of any such election or within the 5 days immediately

20  preceding the date of the election.

21         (b)  Paragraph (a) is subject to the Open Government

22  Sunset Review Act of 1995 in accordance with s. 119.15,

23  Florida Statutes, and shall stand repealed on October 2, 2010,

24  unless reviewed and saved from repeal through reenactment by

25  the Legislature.

26         Section 2.  The Legislature finds it a public necessity

27  that the complaint and records relating to the complaint of an

28  alleged violation of part III of chapter 112, Florida

29  Statutes, the Code of Ethics for Public Officers and

30  Employees, or any other alleged breach of the public trust

31  within the jurisdiction of a Commission on Ethics and Public

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    Florida Senate - 2005                           CS for SB 1922
    578-2160-05




 1  Trust established by any municipality, and records relating to

 2  any preliminary investigation of such complaint, be held

 3  confidential and exempt from section 119.07(1), Florida

 4  Statutes, and Section 24(a), Article I of the State

 5  Constitution until the complaint is dismissed as legally

 6  insufficient, until the alleged violator requests in writing

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

 8  commission or a Commission on Ethics and Public Trust

 9  determines, based on such investigation, whether probable

10  cause exists to believe that a violation has occurred. This

11  exemption is necessary because the release of such information

12  could potentially be defamatory to an individual under

13  investigation or cause unwarranted damage to the good name or

14  reputation of such individual. In addition, the Legislature

15  finds it a public necessity that any proceeding conducted by a

16  municipal Commission on Ethics and Public Trust pursuant to a

17  complaint or preliminary investigation of such alleged

18  violation be exempt from section 286.011, Florida Statutes,

19  Section 24(b), Article I of the State Constitution, and

20  section 120.525, Florida Statutes, so that the administration

21  of such proceeding by a municipal commission on ethics is not

22  otherwise significantly impaired. The exemption of these

23  proceedings from public meetings requirements minimizes the

24  possibility of unnecessary scrutiny by the public or media of

25  individuals under investigation and their families, and

26  creates a secure environment in which a municipal commission

27  on ethics may conduct its business. Furthermore, the

28  Legislature has already recognized the importance of the

29  aforementioned public records and meetings exemptions by

30  exempting the records and meetings of the state Commission on

31  

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    Florida Senate - 2005                           CS for SB 1922
    578-2160-05




 1  Ethics and those of a Commission on Ethics and Public Trust

 2  formed by a county.

 3         Section 3.  This act shall take effect upon becoming a

 4  law.

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 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 1922

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 9  The CS implements significant revisions to the statement of
    public necessity.
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