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         119.035Officers-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.