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