CS/HB 985

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
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (2) of section 112.324, Florida
17	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) or by any
24	municipality defined in s. 165.031, or by any county that has
25	established a local investigatory process to enforce more
26	stringent standards of conduct and disclosure requirements as
27	provided in s. 112.326 are confidential and exempt from the
28	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
29	Constitution., and
30	(b)  Any proceeding conducted by the commission, or a
31	Commission on Ethics and Public Trust, or a county that has
32	established such local investigatory process, pursuant to a
33	complaint or preliminary investigation, is exempt from the
34	provisions of s. 286.011, s. 24(b), Art. I of the State
35	Constitution, and s. 120.525.,
36	(c)  The exemptions apply until the complaint is dismissed
37	as legally insufficient, until the alleged violator requests in
38	writing that such records and proceedings be made public, or
39	until the commission, or a Commission on Ethics and Public
40	Trust, or a county that has established such local investigatory
41	process determines, based on such investigation, whether
42	probable cause exists to believe that a violation has occurred.
43	In no event shall a complaint under this part against a
44	candidate in any general, special, or primary election be filed
45	or any intention of filing such a complaint be disclosed on the
46	day of any such election or within the 5 days immediately
47	preceding the date of the election.
48	(d)(b)  This subsection Paragraph (a) is subject to the
49	Open Government Sunset Review Act in accordance with s. 119.15
50	and shall stand repealed on October 2, 2014 2010, unless
51	reviewed and saved from repeal through reenactment by the
52	Legislature.
53	Section 2.  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 3.  This act shall take effect July 1, 2009.

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