| 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 | 
  | 
| 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. |