Florida Senate - 2008 CS for SB 2484
By the Committee on Judiciary; and Senator Posey
590-05805-08 20082484c1
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A bill to be entitled
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An act relating to public records; renumbering and
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amending s. 119.0711(1), F.S.; transferring provisions
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that provide a public-records exemption for complaints and
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other records in the custody of any agency in the
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executive branch of state government which relate to a
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complaint of discrimination; expanding the exemption to
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provide for applicability to any agency rather than any
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agency in the executive branch of state government;
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amending s. 119.071, F.S.; reorganizing provisions;
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providing for review and repeal of the exemption;
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providing a statement of public necessity; amending s.
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338.223, F.S.; conforming a cross-reference; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1) of section 119.0711, Florida
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Statutes, is transferred and redesignated as a new paragraph (g)
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of subsection (2) of section 119.071, Florida Statutes, and
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amended, and present paragraph (g) of subsection (2) of that
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section is amended, to read:
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119.071 General exemptions from inspection or copying of
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public records.--
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(2) AGENCY INVESTIGATIONS.--
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(g)1.a.(1) All complaints and other records in the custody
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of any agency in the executive branch of state government which
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relate to a complaint of discrimination relating to race, color,
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religion, sex, national origin, age, handicap, or marital status
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in connection with hiring practices, position classifications,
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salary, benefits, discipline, discharge, employee performance,
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evaluation, or other related activities are exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution until a
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finding is made relating to probable cause, the investigation of
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the complaint becomes inactive, or the complaint or other record
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is made part of the official record of any hearing or court
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proceeding.
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b. This provision shall not affect any function or activity
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of the Florida Commission on Human Relations.
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c. Any state or federal agency that is authorized to have
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access to such complaints or records by any provision of law
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shall be granted such access in the furtherance of such agency's
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statutory duties.
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2.(g) When the alleged victim chooses not to file a
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complaint and requests that records of the complaint remain
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confidential, all records relating to an allegation of employment
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discrimination are confidential and exempt from s. 119.07(1) and
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s. 24(a), Art. I of the State Constitution.
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3. This paragraph is subject to the Open Government Sunset
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Review Act in accordance with s. 119.15 and shall stand repealed
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on October 2, 2013, unless reviewed and saved from repeal through
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reenactment by the Legislature.
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Section 2. The Legislature finds that it is a public
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necessity that all complaints and other records in the custody of
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any agency which relate to a complaint of discrimination relating
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to race, color, religion, sex, national origin, age, handicap, or
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marital status in connection with hiring practices, position
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classifications, salary, benefits, discipline, discharge,
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employee performance, evaluation, or other related activities be
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made exempt from public-record requirements until a finding is
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made relating to probable cause, the investigation of the
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complaint becomes inactive, or the complaint or other record is
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made part of the official record of any hearing or court
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proceeding. This exemption is necessary because the release of
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such information could potentially be defamatory to an individual
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under investigation or cause unwarranted damage to the good name
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or reputation of such individual. In addition, the Legislature
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finds that it is a public necessity that such information be made
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temporarily exempt from public-record requirements so that the
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investigation is not otherwise significantly impaired. The
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exemption creates a secure environment in which an agency may
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conduct its investigation.
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Section 3. Paragraph (b) of subsection (2) of section
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338.223, Florida Statutes, is amended to read:
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338.223 Proposed turnpike projects.--
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(2)
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(b) In accordance with the legislative intent expressed in
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s. 337.273, and after the requirements of paragraph (1)(c) have
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been met, the department may acquire lands and property before
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making a final determination of the economic feasibility of a
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project. The requirements of paragraph (1)(c) do not apply to
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hardship and protective purchases of advance right-of-way by the
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department. The cost of advance acquisition of right-of-way may
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be paid from bonds issued under s. 337.276 or from turnpike
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revenues. For purposes of this paragraph, the term "hardship
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purchase" means purchase from a property owner of a residential
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dwelling of not more than four units who is at a disadvantage due
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to health impairment, job loss, or significant loss of rental
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income. For purposes of this paragraph, the term "protective
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purchase" means that a purchase to limit development, building,
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or other intensification of land uses within the area right-of-
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way is needed for transportation facilities. The department shall
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give written notice to the Department of Environmental Protection
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30 days before final agency acceptance as set forth in s.
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119.0711(2), which notice shall allow the Department of
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Environmental Protection to comment. Hardship and protective
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purchases of right-of-way shall not influence the environmental
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feasibility of a project, including the decision relative to the
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need to construct the project or the selection of a specific
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location. Costs to acquire and dispose of property acquired as
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hardship and protective purchases are considered costs of doing
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business for the department and are not to be considered in the
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determination of environmental feasibility for the project.
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Section 4. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.