HB 727

1
A bill to be entitled
2An act relating to public records and public meetings;
3creating s. 112.823, F.S.; providing an exemption from
4public records requirements for a disciplinary complaint
5filed against a firefighter and the investigative records
6related to the complaint; providing an exemption from
7public meeting requirements for proceedings or meetings,
8or any portion of a proceeding or meeting, at which such
9confidential and exempt information is presented or
10discussed; providing for limited duration of the
11exemptions; providing for review and repeal of the
12exemption; providing a statement of public necessity;
13providing a contingent effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 112.823, Florida Statutes, is created
18to read:
19     112.823  Disciplinary complaints against firefighters;
20public records exemption; public meeting exemption.--
21     (1)(a)  A disciplinary complaint filed against a
22firefighter and the investigative records related to the
23complaint are confidential and exempt from s. 119.07(1) and s.
2424(a), Art. I of the State Constitution; and
25     (b)  All proceedings or meetings, including any informal
26inquiry, formal investigation, interrogation, or administrative
27proceeding, or any portion of a proceeding or meeting, at which
28information made confidential and exempt pursuant to paragraph
29(a) is presented or discussed are exempt from s. 286.011 and s.
3024(b), Art. I of the State Constitution,
31
32either until the firefighter who is the subject of the complaint
33requests in writing that such investigation and associated
34records and meetings be made public or until such time as a
35final determination of whether or not to issue a notice of
36disciplinary action under s. 112.825, consisting of suspension
37with loss of pay, demotion, or dismissal, is made.
38     (2)  This section is subject to the Open Government Sunset
39Review Act in accordance with s. 119.15 and shall stand repealed
40on October 2, 2014, unless reviewed and saved from repeal
41through reenactment by the Legislature.
42     Section 2.  It is the finding of the Legislature that it is
43a public necessity that a disciplinary complaint filed against a
44firefighter and the investigative records related to the
45complaint should be made confidential and exempt from public
46records requirements, and that a proceeding or meeting,
47including any informal inquiry, formal investigation,
48interrogation, or administrative proceeding, or any portion of a
49proceeding or meeting, at which such confidential and exempt
50information is presented or discussed should be made
51confidential and exempt from public meeting requirements, either
52until the firefighter who is the subject of the complaint
53requests in writing that such investigation and associated
54records and meetings be made public or until such time as a
55final determination of whether or not to issue a notice of
56disciplinary action, consisting of suspension with loss of pay,
57demotion, or dismissal, is made. These temporary exemptions from
58public records and public meeting requirements are necessary
59because the release of such information could potentially be
60defamatory to a firefighter under investigation or cause
61unwarranted damage to his or her good name and reputation. The
62exemptions minimize the possible compromise of an investigation
63and the disclosure of potentially inaccurate information that
64could impede the investigatory process. Also, untimely or
65inappropriate disclosure of information in an investigation has
66the potential to jeopardize another related investigation should
67one exist. The exemptions create a secure environment in which
68an investigation can be conducted in an effective and efficient
69manner and preclude an unwarranted invasion into the personal
70privacy of the firefighter and others involved. It is the
71further finding of the Legislature that, without the temporary
72exemption from public meeting requirements, the release of
73confidential and exempt information that could occur in a public
74meeting or proceeding would defeat the purpose of the public
75records exemption. Additionally, it is the finding of the
76Legislature that any harm caused by the temporary withholding of
77such information outweighs any public benefit derived from its
78release.
79     Section 3.  This act shall take effect on the same date
80that HB 725 or similar legislation takes effect, if such
81legislation is adopted in the same legislative session or an
82extension thereof and becomes law.


CODING: Words stricken are deletions; words underlined are additions.