1 | A bill to be entitled |
2 | An act relating to public records and meetings; providing |
3 | an exemption from public-records requirements for a |
4 | determination by the Commission on Ethics regarding an |
5 | information or a written referral of an alleged violation |
6 | of part III of ch. 112, F.S., the Code of Ethics for |
7 | Public Officers and Employees; providing an exemption from |
8 | public-meetings requirements for any proceeding conducted |
9 | by the commission or a local Commission on Ethics and |
10 | Public Trust pursuant to such information or referral; |
11 | authorizing the commission and its staff to share |
12 | investigative information with criminal investigative |
13 | agencies; providing for review and repeal of the |
14 | exemptions under the Open Government Sunset Review Act; |
15 | providing a statement of public necessity; providing a |
16 | contingent effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Subsection (2) of section 112.324, Florida |
21 | Statutes, is amended to read: |
22 | 112.324 Procedures on complaints of violations; public |
23 | records and meeting exemptions.- |
24 | (2)(a) The complaint and records relating to the complaint |
25 | or to any preliminary investigation or the commission's |
26 | determination regarding the information or the referral, as |
27 | provided in this section, held by the commission or its agents |
28 | or by a Commission on Ethics and Public Trust established by any |
29 | county defined in s. 125.011(1) or by any municipality defined |
30 | in s. 165.031 are confidential and exempt from the provisions of |
31 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution, and |
32 | any proceeding conducted by the commission or a Commission on |
33 | Ethics and Public Trust, pursuant to a complaint, information, |
34 | or referral as provided in this section, or preliminary |
35 | investigation, is exempt from the provisions of s. 286.011, s. |
36 | 24(b), Art. I of the State Constitution, and s. 120.525, until |
37 | the complaint is dismissed as legally insufficient, until the |
38 | alleged violator requests in writing that such records and |
39 | proceedings be made public, until the commission determines that |
40 | it will not investigate the complaint or referral, or until the |
41 | commission or a Commission on Ethics and Public Trust |
42 | determines, based on such investigation, whether probable cause |
43 | exists to believe that a violation has occurred. The |
44 | confidentiality requirements of this subsection do not prohibit |
45 | the commission or its staff from sharing investigative |
46 | information with criminal investigative agencies. In no event |
47 | shall A complaint under this part against a candidate in any |
48 | general, special, or primary election may not be filed or any |
49 | intention of filing such a complaint may not be disclosed on the |
50 | day of any such election or within the 5 days immediately |
51 | preceding the date of the election. |
52 | (b) Paragraph (a) is subject to the Open Government Sunset |
53 | Review Act in accordance with s. 119.15 and shall stand repealed |
54 | on October 2, 2015 2010, unless reviewed and saved from repeal |
55 | through reenactment by the Legislature. |
56 | Section 2. The Legislature finds it a public necessity |
57 | that the information or referral of an alleged violation of part |
58 | III of chapter 112, Florida Statutes, the Code of Ethics for |
59 | Public Officers and Employees, be held confidential and exempt |
60 | from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of |
61 | the State Constitution until the information or referral is |
62 | dismissed as legally insufficient, until the alleged violator |
63 | requests in writing that such records and proceedings be made |
64 | public, until the Commission on Ethics determines that it will |
65 | not investigate the complaint or referral, or until the |
66 | commission or a Commission on Ethics and Public Trust |
67 | determines, based on such investigation, whether probable cause |
68 | exists to believe that a violation has occurred. This exemption |
69 | is necessary because the release of such information could |
70 | potentially be defamatory to an individual under investigation |
71 | or cause unwarranted damage to the good name or reputation of |
72 | such individual. In addition, the Legislature finds it a public |
73 | necessity that any proceeding conducted by a county or municipal |
74 | Commission on Ethics and Public Trust pursuant to an information |
75 | or referral be exempt from s. 286.011, Florida Statutes, s. |
76 | 24(b), Article I of the State Constitution, and s. 120.525, |
77 | Florida Statutes, so that the administration of such proceeding |
78 | is not otherwise significantly impaired. The exemption of these |
79 | proceedings from public-meetings requirements minimizes the |
80 | possibility of unnecessary scrutiny by the public or media of |
81 | individuals under investigation and their families. Furthermore, |
82 | the Legislature has already recognized the importance of the |
83 | aforementioned public-records and public-meetings exemptions by |
84 | exempting the records and meetings of the state Commission on |
85 | Ethics and those of a Commission on Ethics and Public Trust |
86 | formed by a county or municipality. |
87 | Section 3. This act shall take effect July 1, 2010, only |
88 | if House Bill 1421 or similar legislation is adopted in the same |
89 | legislative session or an extension thereof and becomes law. |