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