Florida Senate - 2010                                    SB 2170
       
       
       
       By the Committee on Ethics and Elections
       
       
       
       
       582-02178-10                                          20102170__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 112.324, F.S., relating
    4         to an exemption from public-records and public
    5         meetings requirements for complaints and related
    6         records in the custody of and proceedings conducted by
    7         the Commission on Ethics or a Commission on Ethics and
    8         Public Trust established by a county or municipality;
    9         reorganizing provisions; saving the exemption from
   10         repeal under the Open Government Sunset Review Act;
   11         deleting provisions providing for repeal of the
   12         exemption; 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 are confidential and exempt
   25  from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
   26  State Constitution., and
   27         (b) Any proceeding conducted by the commission or a
   28  Commission on Ethics and Public Trust, pursuant to a complaint
   29  or preliminary investigation, is exempt from the provisions of
   30  s. 286.011, s. 24(b), Art. I of the State Constitution, and s.
   31  120.525.,
   32         (c) The exemptions apply until the complaint is dismissed
   33  as legally insufficient, until the alleged violator requests in
   34  writing that such records and proceedings be made public, or
   35  until the commission or a Commission on Ethics and Public Trust
   36  determines, based on such investigation, whether probable cause
   37  exists to believe that a violation has occurred. In no event
   38  shall a complaint under this part against a candidate in any
   39  general, special, or primary election be filed or any intention
   40  of filing such a complaint be disclosed on the day of any such
   41  election or within the 5 days immediately preceding the date of
   42  the election.
   43         (b) Paragraph (a) is subject to the Open Government Sunset
   44  Review Act in accordance with s. 119.15 and shall stand repealed
   45  on October 2, 2010, unless reviewed and saved from repeal
   46  through reenactment by the Legislature.
   47         Section 2. This act shall take effect October 1, 2010.