HB 985

1
A bill to be entitled
2An act relating to public records and meetings; amending
3s. 112.324, F.S.; revising an exemption from public-record
4and public-meeting requirements which is provided for
5complaints and related records in the custody of and
6proceedings conducted by a county that has established a
7local investigatory process to enforce more stringent
8standards of conduct and disclosure requirements;
9providing for future repeal and legislative review under
10the Open Government Sunset Review Act of revisions to the
11exemption; providing a statement of public necessity;
12providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Paragraph (a) of subsection (2) of section
17112.324, Florida Statutes, is amended to read:
18     112.324  Procedures on complaints of violations; public
19records and meeting exemptions.--
20     (2)(a)  The complaint and records relating to the complaint
21or to any preliminary investigation held by the commission or
22its agents, or by a Commission on Ethics and Public Trust
23established by any county defined in s. 125.011(1), by any
24county that has established a local investigatory process, or by
25any municipality defined in s. 165.031 are confidential and
26exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
27of the State Constitution, and any proceeding conducted by the
28commission, or a Commission on Ethics and Public Trust, or a
29county that has established a local investigatory process to
30enforce more stringent standards of conduct and disclosure
31requirements as provided in s. 112.326 pursuant to a complaint
32or preliminary investigation, is exempt from the provisions of
33s. 286.011, s. 24(b), Art. I of the State Constitution, and s.
34120.525, until the complaint is dismissed as legally
35insufficient, until the alleged violator requests in writing
36that such records and proceedings be made public, or until the
37commission, or a Commission on Ethics and Public Trust, or the
38county that has established a local investigatory process to
39enforce more stringent standards of conduct and disclosure
40requirements as provided in s. 112.326 determines, based on such
41investigation, whether probable cause exists to believe that a
42violation has occurred. In no event shall a complaint under this
43part against a candidate in any general, special, or primary
44election be filed or any intention of filing such a complaint be
45disclosed on the day of any such election or within the 5 days
46immediately preceding the date of the election.
47     Section 2.  Paragraph (a) of subsection (2) of section
48112.324, Florida Statutes, as amended by this act, is subject to
49the Open Government Sunset Review Act in accordance with s.
50119.15, Florida Statutes, and shall stand repealed on October 2,
512014, unless reviewed and saved from repeal through reenactment
52by the Legislature.
53     Section 3.  The Legislature finds that it is a public
54necessity that all complaints and related records in the custody
55of a county that has established a local investigatory process
56to enforce more stringent standards of conduct and disclosure
57requirements as provided in s. 112.326, Florida Statutes, which
58relate to a complaint of a local ethics violation be exempted
59from public-record and public-meeting requirements until the
60complaint is dismissed as legally insufficient, until the
61alleged violator requests in writing that such records and
62proceedings be made public, or until it is determined, based on
63the investigation, whether probable cause exists to believe that
64a violation has occurred. This exemption is necessary because
65the release of such information could potentially be defamatory
66to an individual under investigation, cause unwarranted damage
67to the good name or reputation of such individual, or
68significantly impair the investigation. The exemption creates a
69secure environment in which a county may conduct its
70investigation.
71     Section 4.  This act shall take effect July 1, 2009.


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