Florida Senate - 2012 CS for CS for SB 1464
By the Committees on Budget Subcommittee on Transportation,
Tourism, and Economic Development Appropriations; and
Governmental Oversight and Accountability; and Senator Gaetz
606-04258-12 20121464c2
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 certain constitutional officers upon their election to
6 public office; requiring that such officers adopt and
7 implement reasonable measures to ensure compliance
8 with the public records obligations set forth in ch.
9 119, F.S.; requiring that the public records of such
10 officers be maintained in accordance with the policies
11 and procedures of the public offices to which the
12 officers have been elected; requiring that online and
13 electronic communication and recordkeeping systems
14 preserve the records on such systems so as to not
15 impair the ability of the public to inspect or copy
16 such public records; requiring that such officers, as
17 soon as practicable upon taking the oath of office,
18 deliver to the person or persons responsible for
19 records and information management, all public records
20 kept or received in the transaction of official
21 business during the period following election to
22 public office; defining the term “officers-elect” as
23 used in s. 119.035, F.S.; amending s. 286.011, F.S.;
24 revising public meeting requirements to apply the
25 requirements to meetings with or attended by newly
26 elected members of boards and commissions of any state
27 agency or authority or of any agency of authority of
28 any county, municipal corporation, or political
29 subdivision; reenacting s. 112.3215(8)(b), F.S.,
30 relating to lobbying before the executive branch or
31 the Constitution Revision Commission, to incorporate
32 the amendment made to s. 286.011, F.S., in a reference
33 thereto; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 119.035, Florida Statutes, is created to
38 read:
39 119.035 Officers-elect.—
40 (1) It is the policy of this state that the provisions of
41 this chapter apply to officers-elect upon their election to
42 public office. Such officers-elect shall adopt and implement
43 reasonable measures to ensure compliance with the public records
44 obligations set forth in this chapter.
45 (2) Public records of an officer-elect shall be maintained
46 in accordance with the policies and procedures of the public
47 office to which the officer has been elected.
48 (3) If an officer-elect, individually or as part of a
49 transition process, creates or uses an online or electronic
50 communication or recordkeeping system, all public records
51 maintained on such system shall be preserved so as not to impair
52 the ability of the public to inspect or copy such public
53 records.
54 (4) Upon taking the oath of office, the officer-elect
55 shall, as soon as practicable, deliver to the person or persons
56 responsible for records and information management in such
57 office all public records kept or received in the transaction of
58 official business during the period following election to public
59 office.
60 (5) For the purpose of this section, the term “officers
61 elect” means the Governor, the Lieutenant Governor, the Attorney
62 General, the Chief Financial Officer, and the Commissioner of
63 Agriculture.
64 Section 2. Subsection (1) of section 286.011, Florida
65 Statutes, is amended to read:
66 286.011 Public meetings and records; public inspection;
67 criminal and civil penalties.—
68 (1) All meetings of any board or commission of any state
69 agency or authority or of any agency or authority of any county,
70 municipal corporation, or political subdivision, except as
71 otherwise provided in the Constitution, including meetings with
72 or attended by any person elected to such board or commission,
73 but who has not yet taken office, at which official acts are to
74 be taken are declared to be public meetings open to the public
75 at all times, and no resolution, rule, or formal action shall be
76 considered binding except as taken or made at such meeting. The
77 board or commission must provide reasonable notice of all such
78 meetings.
79 Section 3. For the purpose of incorporating the amendment
80 made by this act to section 286.011, Florida Statutes, in a
81 reference thereto, paragraph (b) of subsection (8) of section
82 112.3215, Florida Statutes, is reenacted to read:
83 112.3215 Lobbying before the executive branch or the
84 Constitution Revision Commission; registration and reporting;
85 investigation by commission.—
86 (8)
87 (b) All proceedings, the complaint, and other records
88 relating to the investigation are confidential and exempt from
89 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
90 Constitution, and any meetings held pursuant to an investigation
91 are exempt from the provisions of s. 286.011(1) and s. 24(b),
92 Art. I of the State Constitution either until the alleged
93 violator requests in writing that such investigation and
94 associated records and meetings be made public or until the
95 commission determines, based on the investigation, whether
96 probable cause exists to believe that a violation has occurred.
97 Section 4. This act shall take effect July 1, 2012.