Florida Senate - 2010                             CS for SB 1054
       
       
       
       By the Committee on Ethics and Elections; and Senator Altman
       
       
       
       
       582-03163-10                                          20101054c1
    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 or
    7         municipality that has established a local
    8         investigatory process to enforce more stringent
    9         standards of conduct and disclosure requirements;
   10         providing for future repeal and legislative review
   11         under the Open Government Sunset Review Act of
   12         revisions to the exemption; providing a statement of
   13         public necessity; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (2) of section 112.324, Florida
   18  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) or by any
   25  municipality defined in s. 165.031, or by any county or
   26  municipality that has established a local investigatory process
   27  to enforce more stringent standards of conduct and disclosure
   28  requirements as provided in s. 112.326 are confidential and
   29  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
   30  of the State Constitution., and
   31         (b) Any proceeding conducted by the commission, or a
   32  Commission on Ethics and Public Trust, or a county or
   33  municipality that has established such a local investigatory
   34  process, pursuant to a complaint or preliminary investigation,
   35  is exempt from the provisions of s. 286.011, s. 24(b), Art. I of
   36  the State Constitution, and s. 120.525.,
   37         (c) The exemptions apply until the complaint is dismissed
   38  as legally insufficient, until the alleged violator requests in
   39  writing that such records and proceedings be made public, or
   40  until the commission, or a Commission on Ethics and Public
   41  Trust, or a county or municipality that has established such a
   42  local investigatory process determines, based on such
   43  investigation, whether probable cause exists to believe that a
   44  violation has occurred. In no event shall a complaint under this
   45  part against a candidate in any general, special, or primary
   46  election be filed or any intention of filing such a complaint be
   47  disclosed on the day of any such election or within the 5 days
   48  immediately preceding the date of the election.
   49         (d)(b) This subsection Paragraph (a) is subject to the Open
   50  Government Sunset Review Act in accordance with s. 119.15 and
   51  shall stand repealed on October 2, 2015 2010, unless reviewed
   52  and saved from repeal through reenactment by the 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 or any proceedings conducted by a county or municipality that
   56  has established a local investigatory process to enforce more
   57  stringent standards of conduct and disclosure requirements as
   58  provided in s. 112.326, Florida Statutes, which relate to a
   59  complaint of a local ethics violation be exempted from public
   60  record and public-meeting requirements until the complaint is
   61  dismissed as legally insufficient, until the alleged violator
   62  requests in writing that such records and proceedings be made
   63  public, or until it is determined, based on the investigation,
   64  whether probable cause exists to believe that a violation has
   65  occurred. The exemptions are necessary because the release of
   66  such information could potentially be defamatory to an
   67  individual under investigation, cause unwarranted damage to the
   68  good name or reputation of such individual, or significantly
   69  impair the investigation. The exemptions create a secure
   70  environment in which a county or municipality may conduct its
   71  investigation.
   72         Section 3. This act shall take effect July 1, 2010.