Florida Senate - 2009                                    SB 1582
       
       
       
       By Senator Altman
       
       
       
       
       24-00630-09                                           20091582__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 112.324, F.S.; revising an exemption from
    4         public-record and public-meeting requirements which is
    5         provided for complaints and related records in the
    6         custody of and proceedings conducted by a county that
    7         has established a local investigatory process to
    8         enforce more stringent standards of conduct and
    9         disclosure requirements; providing for future repeal
   10         and legislative review under the Open Government
   11         Sunset Review Act of revisions to the exemption;
   12         providing a statement of public necessity; providing
   13         an effective date.
   14         
   15  Be It Enacted by the Legislature of the State of Florida:
   16         
   17         Section 1. Paragraph (a) of subsection (2) of section
   18  112.324, Florida Statutes, is amended to read:
   19         112.324 Procedures on complaints of violations; public
   20  records and meeting exemptions.—
   21         (2)(a) The complaint and records relating to the complaint
   22  or to any preliminary investigation held by the commission or
   23  its agents, or by a Commission on Ethics and Public Trust
   24  established by any county defined in s. 125.011(1), by any
   25  county that has established a local investigatory process, or by
   26  any municipality defined in s. 165.031 are confidential and
   27  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
   28  of the State Constitution, and any proceeding conducted by the
   29  commission, or a Commission on Ethics and Public Trust, or a
   30  county that has established a local investigatory process to
   31  enforce more stringent standards of conduct and disclosure
   32  requirements as provided in s. 112.326 pursuant to a complaint
   33  or preliminary investigation, is exempt from the provisions of
   34  s. 286.011, s. 24(b), Art. I of the State Constitution, and s.
   35  120.525, until the complaint is dismissed as legally
   36  insufficient, until the alleged violator requests in writing
   37  that such records and proceedings be made public, or until the
   38  commission, the or a Commission on Ethics and Public Trust, or
   39  the county that has established a local investigatory process to
   40  enforce more stringent standards of conduct and disclosure
   41  requirements as provided in s. 112.326 determines, based on such
   42  investigation, whether probable cause exists to believe that a
   43  violation has occurred. In no event shall a complaint under this
   44  part against a candidate in any general, special, or primary
   45  election be filed or any intention of filing such a complaint be
   46  disclosed on the day of any such election or within the 5 days
   47  immediately preceding the date of the election.
   48         Section 2. Paragraph (a) of subsection (2) of section
   49  112.324, Florida Statutes, as amended by this act, is subject to
   50  the Open Government Sunset Review Act in accordance with s.
   51  119.15, Florida Statutes, and shall stand repealed on October 2,
   52  2014, unless reviewed and saved from repeal through reenactment
   53  by the Legislature.
   54         Section 3. The Legislature finds that it is a public
   55  necessity that all complaints and related records in the custody
   56  of a county that has established a local investigatory process
   57  to enforce more stringent standards of conduct and disclosure
   58  requirements as provided in s. 112.326, Florida Statutes, which
   59  relate to a complaint of a local ethics violation be exempted
   60  from public-record and public-meeting requirements until the
   61  complaint is dismissed as legally insufficient, until the
   62  alleged violator requests in writing that such records and
   63  proceedings be made public, or until it is determined, based on
   64  the investigation, whether probable cause exists to believe that
   65  a violation has occurred. This exemption is necessary because
   66  the release of such information could potentially be defamatory
   67  to an individual under investigation, cause unwarranted damage
   68  to the good name or reputation of such individual, or
   69  significantly impair the investigation. The exemption creates a
   70  secure environment in which a county may conduct its
   71  investigation.
   72         Section 4. This act shall take effect July 1, 2009.