Florida Senate - 2012 CS for SB 1464 By the Committee on Governmental Oversight and Accountability; and Senator Gaetz 585-02458-12 20121464c1 1 A bill to be entitled 2 An act relating to public records; creating s. 3 119.035, F.S.; declaring that it is the policy of this 4 state that the provisions of ch. 119, F.S., apply to 5 officers-elect upon their election to public office; 6 requiring that such officers-elect adopt and implement 7 reasonable measures to ensure compliance with the 8 public records obligations set forth in ch. 119, F.S.; 9 requiring that the public records of an officer-elect 10 be maintained in accordance with the policies and 11 procedures of the public office to which the officer 12 has been elected; requiring that online and electronic 13 communication and recordkeeping systems preserve the 14 records on such systems so as to not impair the 15 ability of the public to inspect or copy such public 16 records; requiring that the officer-elect, as soon as 17 practicable upon taking the oath of office, deliver to 18 the person or persons responsible for records and 19 information management, all public records kept or 20 received in the transaction of official business 21 during the period following election to public office; 22 defining the term “officers-elect”; amending s. 23 286.011, F.S.; revising public meeting requirements to 24 apply the requirements to meetings with or attended by 25 officers-elect; reenacting s. 112.3215(8)(b), F.S., 26 relating to lobbying before the executive branch or 27 the Constitution Revision Commission, to incorporate 28 the amendment made to s. 286.011, F.S., in a reference 29 thereto; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 119.035, Florida Statutes, is created to 34 read: 35 119.035 Officers-elect.— 36 (1) It is the policy of this state that the provisions of 37 this chapter apply to officers-elect upon their election to 38 public office. Such officers-elect shall adopt and implement 39 reasonable measures to ensure compliance with the public records 40 obligations set forth in this chapter. 41 (2) Public records of an officer-elect shall be maintained 42 in accordance with the policies and procedures of the public 43 office to which the officer has been elected. 44 (3) If an officer-elect, individually or as part of a 45 transition process, creates or uses an online or electronic 46 communication or recordkeeping system, all public records 47 maintained on such system shall be preserved so as not to impair 48 the ability of the public to inspect or copy such public 49 records. 50 (4) Upon taking the oath of office, the officer-elect 51 shall, as soon as practicable, deliver to the person or persons 52 responsible for records and information management in such 53 office all public records kept or received in the transaction of 54 official business during the period following election to public 55 office. 56 (5) For the purposes of this section, the term “officers 57 elect” means the Governor, the Lieutenant Governor, the Attorney 58 General, the Chief Financial Officer, and the Commissioner of 59 Agriculture. 60 Section 2. Subsection (1) of section 286.011, Florida 61 Statutes, is amended to read: 62 286.011 Public meetings and records; public inspection; 63 criminal and civil penalties.— 64 (1) All meetings of any board or commission of any state 65 agency or authority or of any agency or authority of any county, 66 municipal corporation, or political subdivision, except as 67 otherwise provided in the Constitution, including meetings with 68 or attended by an officer-elect, at which official acts are to 69 be taken are declared to be public meetings open to the public 70 at all times, and no resolution, rule, or formal action shall be 71 considered binding except as taken or made at such meeting. The 72 board or commission must provide reasonable notice of all such 73 meetings. 74 Section 3. For the purpose of incorporating the amendment 75 made by this act to section 286.011, Florida Statutes, in a 76 reference thereto, paragraph (b) of subsection (8) of section 77 112.3215, Florida Statutes, is reenacted to read: 78 112.3215 Lobbying before the executive branch or the 79 Constitution Revision Commission; registration and reporting; 80 investigation by commission.— 81 (8) 82 (b) All proceedings, the complaint, and other records 83 relating to the investigation are confidential and exempt from 84 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State 85 Constitution, and any meetings held pursuant to an investigation 86 are exempt from the provisions of s. 286.011(1) and s. 24(b), 87 Art. I of the State Constitution either until the alleged 88 violator requests in writing that such investigation and 89 associated records and meetings be made public or until the 90 commission determines, based on the investigation, whether 91 probable cause exists to believe that a violation has occurred. 92 Section 4. This act shall take effect July 1, 2012.