Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 1464 Barcode 713512 LEGISLATIVE ACTION Senate . House Comm: FAV . 03/01/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Budget Subcommittee on Transportation, Tourism, and Economic Development Appropriations (Gaetz) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 119.035, Florida Statutes, is created to 6 read: 7 119.035 Officers-elect.— 8 (1) It is the policy of this state that the provisions of 9 this chapter apply to officers-elect upon their election to 10 public office. Such officers-elect shall adopt and implement 11 reasonable measures to ensure compliance with the public records 12 obligations set forth in this chapter. 13 (2) Public records of an officer-elect shall be maintained 14 in accordance with the policies and procedures of the public 15 office to which the officer has been elected. 16 (3) If an officer-elect, individually or as part of a 17 transition process, creates or uses an online or electronic 18 communication or recordkeeping system, all public records 19 maintained on such system shall be preserved so as not to impair 20 the ability of the public to inspect or copy such public 21 records. 22 (4) Upon taking the oath of office, the officer-elect 23 shall, as soon as practicable, deliver to the person or persons 24 responsible for records and information management in such 25 office all public records kept or received in the transaction of 26 official business during the period following election to public 27 office. 28 (5) For the purpose of this section, the term “officers 29 elect” means the Governor, the Lieutenant Governor, the Attorney 30 General, the Chief Financial Officer, and the Commissioner of 31 Agriculture. 32 Section 2. Subsection (1) of section 286.011, Florida 33 Statutes, is amended to read: 34 286.011 Public meetings and records; public inspection; 35 criminal and civil penalties.— 36 (1) All meetings of any board or commission of any state 37 agency or authority or of any agency or authority of any county, 38 municipal corporation, or political subdivision, except as 39 otherwise provided in the Constitution, including meetings with 40 or attended by any person elected to such board or commission, 41 but who has not yet taken office, at which official acts are to 42 be taken are declared to be public meetings open to the public 43 at all times, and no resolution, rule, or formal action shall be 44 considered binding except as taken or made at such meeting. The 45 board or commission must provide reasonable notice of all such 46 meetings. 47 Section 3. For the purpose of incorporating the amendment 48 made by this act to section 286.011, Florida Statutes, in a 49 reference thereto, paragraph (b) of subsection (8) of section 50 112.3215, Florida Statutes, is reenacted to read: 51 112.3215 Lobbying before the executive branch or the 52 Constitution Revision Commission; registration and reporting; 53 investigation by commission.— 54 (8) 55 (b) All proceedings, the complaint, and other records 56 relating to the investigation are confidential and exempt from 57 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State 58 Constitution, and any meetings held pursuant to an investigation 59 are exempt from the provisions of s. 286.011(1) and s. 24(b), 60 Art. I of the State Constitution either until the alleged 61 violator requests in writing that such investigation and 62 associated records and meetings be made public or until the 63 commission determines, based on the investigation, whether 64 probable cause exists to believe that a violation has occurred. 65 Section 4. This act shall take effect July 1, 2012. 66 67 ================= T I T L E A M E N D M E N T ================ 68 And the title is amended as follows: 69 70 Delete everything before the enacting clause 71 and insert: 72 A bill to be entitled 73 An act relating to public records; creating s. 74 119.035, F.S.; declaring that it is the policy of this 75 state that the provisions of ch. 119, F.S., apply to 76 certain constitutional officers upon their election to 77 public office; requiring that such officers adopt and 78 implement reasonable measures to ensure compliance 79 with the public records obligations set forth in ch. 80 119, F.S.; requiring that the public records of such 81 officers be maintained in accordance with the policies 82 and procedures of the public offices to which the 83 officers have been elected; requiring that online and 84 electronic communication and recordkeeping systems 85 preserve the records on such systems so as to not 86 impair the ability of the public to inspect or copy 87 such public records; requiring that such officers, as 88 soon as practicable upon taking the oath of office, 89 deliver to the person or persons responsible for 90 records and information management, all public records 91 kept or received in the transaction of official 92 business during the period following election to 93 public office; defining the term “officers-elect” as 94 used in s. 119.035, F.S.; amending s. 286.011, F.S.; 95 revising public meeting requirements to apply the 96 requirements to meetings with or attended by newly 97 elected members of boards and commissions of any state 98 agency or authority or of any agency of authority of 99 any county, municipal corporation, or political 100 subdivision; reenacting s. 112.3215(8)(b), F.S., 101 relating to lobbying before the executive branch or 102 the Constitution Revision Commission, to incorporate 103 the amendment made to s. 286.011, F.S., in a reference 104 thereto; providing an effective date.