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