Florida Senate - 2010                             CS for SB 1676
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Higher Education
       
       
       
       585-04247-10                                          20101676c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 1005.38, F.S., which
    4         provides an exemption from public-records requirements
    5         for investigatory records held by the Commission for
    6         Independent Education and an exemption from public
    7         meetings requirements for a probable cause panel
    8         wherein exempt information is discussed; reorganizing
    9         the exemption; requiring a recording for any portion
   10         of a closed meeting of a probable cause panel;
   11         providing a public-records exemption for the recording
   12         of a closed meeting of a probable cause panel and the
   13         minutes and findings of the meeting; providing for
   14         limited duration of the exemption; providing for
   15         future legislative review and repeal of the exemption;
   16         providing a statement of public necessity; providing
   17         an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (b) of subsection (6) of section
   22  1005.38, Florida Statutes, is amended to read:
   23         1005.38 Actions against a licensee and other penalties.—
   24         (6) The commission may conduct disciplinary proceedings
   25  through an investigation of any suspected violation of this
   26  chapter or any rule of the commission, including a finding of
   27  probable cause and making reports to any law enforcement agency
   28  or regulatory agency.
   29         (b)1. All investigatory records held by the commission in
   30  conjunction with an investigation conducted pursuant to this
   31  subsection, including minutes and findings of an exempt probable
   32  cause panel meeting convened in conjunction with such
   33  investigation, are exempt from s. 119.07(1) and s. 24(a), Art. I
   34  of the State Constitution for a period not to exceed 10 days
   35  after the panel makes a determination regarding probable cause.
   36         2.a. Those portions of meetings of the probable cause panel
   37  at which records made exempt pursuant to subparagraph 1. are
   38  discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
   39  State Constitution. The closed portion of a meeting must be
   40  recorded, and no portion of the closed meeting may be off the
   41  record. The recording shall be maintained by the commission.
   42         b. The recording of a closed portion of a meeting and the
   43  minutes and findings of such meeting are exempt from s.
   44  119.07(1) and s. 24(a), Art. I of the State Constitution for a
   45  period not to exceed 10 days after the panel makes a
   46  determination regarding probable cause.
   47         3. This paragraph is subject to the Open Government Sunset
   48  Review Act in accordance with s. 119.15 and shall stand repealed
   49  on October 2, 2015 2010, unless reviewed and saved from repeal
   50  through reenactment by the Legislature.
   51         Section 2. The Legislature finds that it is a public
   52  necessity to make exempt from public-records requirements
   53  recordings of any portion of a closed meeting of a probable
   54  cause panel of the Commission for Independent Education and the
   55  minutes and findings of the meeting. Release of such recordings,
   56  minutes, or findings would compromise those discussions of the
   57  commission members which took place during a closed meeting,
   58  thus negating the public-meetings exemption. In addition, the
   59  temporary nature of the public-records exemption for the
   60  recording of a closed meeting of the probable cause panel
   61  ensures that public oversight is provided.
   62         Section 3. This act shall take effect October 1, 2010.