HB 7167

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act; amending s. 1005.38, F.S., which
4provides an exemption from public records requirements for
5investigatory records held by the Commission for
6Independent Education and an exemption from public
7meetings requirements for a probable cause panel wherein
8exempt information is discussed; reorganizing the
9exemption; requiring a recording for any portion of a
10closed meeting of a probable cause panel; providing a
11public records exemption for the recording of a closed
12meeting of a probable cause panel and the minutes and
13findings of the meeting; providing for limited duration of
14the exemption; providing for future legislative review and
15repeal of the exemptions; providing a statement of public
16necessity; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Paragraph (b) of subsection (6) of section
211005.38, Florida Statutes, is amended to read:
22     1005.38  Actions against a licensee and other penalties.-
23     (6)  The commission may conduct disciplinary proceedings
24through an investigation of any suspected violation of this
25chapter or any rule of the commission, including a finding of
26probable cause and making reports to any law enforcement agency
27or regulatory agency.
28     (b)1.  All investigatory records held by the commission in
29conjunction with an investigation conducted pursuant to this
30subsection, including minutes and findings of an exempt probable
31cause panel meeting convened in conjunction with such
32investigation, are exempt from s. 119.07(1) and s. 24(a), Art. I
33of the State Constitution for a period not to exceed 10 days
34after the panel makes a determination regarding probable cause.
35     2.a.  Those portions of meetings of the probable cause
36panel at which records made exempt pursuant to subparagraph 1.
37are discussed are exempt from s. 286.011 and s. 24(b), Art. I of
38the State Constitution. The closed portion of a meeting must be
39recorded and no portion of the closed meeting may be off the
40record. The recording shall be maintained by the commission.
41     b.  The recording of a closed portion of a meeting and the
42minutes and findings of such meeting are exempt from s.
43119.07(1) and s. 24(a), Art. I of the State Constitution for a
44period not to exceed 10 days after the panel makes a
45determination regarding probable cause.
46     3.  This paragraph is subject to the Open Government Sunset
47Review Act in accordance with s. 119.15 and shall stand repealed
48on October 2, 2015 2010, unless reviewed and saved from repeal
49through reenactment by the Legislature.
50     Section 2.  The Legislature finds that it is a public
51necessity to make exempt from public records requirements
52recordings of any portion of a closed meeting of a probable
53cause panel of the Commission for Independent Education and the
54minutes and findings of the meeting. Release of such recordings,
55minutes, or findings would compromise those discussions of the
56commission members which took place during a closed meeting,
57thus negating the public meetings exemption. In addition, the
58temporary nature of the public records exemption for the
59recording of a closed meeting of the probable cause panel
60ensures that public oversight is provided.
61     Section 3.  This act shall take effect October 1, 2010.


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