CS/HB 551

1
A bill to be entitled
2An act relating to public records and meetings; amending
3s. 112.324, F.S.; revising an exemption from public record
4and public meeting requirements which is provided for
5complaints and related records in the custody of and
6proceedings conducted by a county or municipality that has
7established a local investigatory process to enforce more
8stringent standards of conduct and disclosure
9requirements; providing for future repeal and legislative
10review under the Open Government Sunset Review Act of
11revisions to the exemption; providing a statement of
12public necessity; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (2) of section 112.324, Florida
17Statutes, is amended to read:
18     112.324  Procedures on complaints of violations; public
19records and meeting exemptions.-
20     (2)(a)  The complaint and records relating to the complaint
21or to any preliminary investigation held by the commission or
22its agents, or by a Commission on Ethics and Public Trust
23established by any county defined in s. 125.011(1) or by any
24municipality defined in s. 165.031, or by any county or
25municipality that has established a local investigatory process
26to enforce more stringent standards of conduct and disclosure
27requirements as provided in s. 112.326 are confidential and
28exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
29of the State Constitution., and
30     (b)  Any proceeding conducted by the commission, or a
31Commission on Ethics and Public Trust, or a county or
32municipality that has established such local investigatory
33process, pursuant to a complaint or preliminary investigation,
34is exempt from the provisions of s. 286.011, s. 24(b), Art. I of
35the State Constitution, and s. 120.525.,
36     (c)  The exemptions apply until the complaint is dismissed
37as legally insufficient, until the alleged violator requests in
38writing that such records and proceedings be made public, or
39until the commission, or a Commission on Ethics and Public
40Trust, or a county or municipality that has established such
41local investigatory process determines, based on such
42investigation, whether probable cause exists to believe that a
43violation has occurred. In no event shall a complaint under this
44part against a candidate in any general, special, or primary
45election be filed or any intention of filing such a complaint be
46disclosed on the day of any such election or within the 5 days
47immediately preceding the date of the election.
48     (d)(b)  This subsection Paragraph (a) is subject to the
49Open Government Sunset Review Act in accordance with s. 119.15
50and shall stand repealed on October 2, 2015 2010, unless
51reviewed and saved from repeal through reenactment by the
52Legislature.
53     Section 2.  The Legislature finds that it is a public
54necessity that all complaints and related records in the custody
55of a county or municipality that has established a local
56investigatory process to enforce more stringent standards of
57conduct and disclosure requirements as provided in s. 112.326,
58Florida Statutes, which relate to a complaint of a local ethics
59violation be exempted from public-record and public-meeting
60requirements until the complaint is dismissed as legally
61insufficient, until the alleged violator requests in writing
62that such records and proceedings be made public, or until it is
63determined, based on the investigation, whether probable cause
64exists to believe that a violation has occurred. This exemption
65is necessary because the release of such information could
66potentially be defamatory to an individual under investigation,
67cause unwarranted damage to the good name or reputation of such
68individual, or significantly impair the investigation. The
69exemption creates a secure environment in which a county or
70municipality  may conduct its investigation.
71     Section 3.  This act shall take effect July 1, 2010.


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