Florida Senate - 2013 CS for SB 1318 By the Committee on Ethics and Elections; and Senator Soto 582-03327-13 20131318c1 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; providing an exemption from public 4 record requirements for a complaint of misconduct 5 filed with an agency against an agency employee and 6 all information obtained pursuant to an investigation 7 of the complaint by the agency; providing for limited 8 duration of the exemption; providing for future review 9 and repeal of the exemption under the Open Government 10 Sunset Review Act; providing a statement of public 11 necessity; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (k) is added to subsection (2) of 16 section 119.071, Florida Statutes, to read: 17 119.071 General exemptions from inspection or copying of 18 public records.— 19 (2) AGENCY INVESTIGATIONS.— 20 (k)1. A complaint of misconduct filed with an agency 21 against an agency employee and all information obtained pursuant 22 to an investigation by the agency of the complaint of misconduct 23 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 24 I of the State Constitution until the investigation ceases to be 25 active, or until the agency provides written notice to the 26 employee who is the subject of the complaint, either personally 27 or by mail, that the agency has either: 28 a. Concluded the investigation with a finding not to 29 proceed with disciplinary action or file charges; or 30 b. Concluded the investigation with a finding to proceed 31 with disciplinary action or file charges. 32 2. Subparagraph 1. is subject to the Open Government Sunset 33 Review Act in accordance with s. 119.15 and shall stand repealed 34 on October 2, 2018, unless reviewed and saved from repeal 35 through reenactment by the Legislature. 36 Section 2. The Legislature finds that it is a public 37 necessity that a complaint of misconduct filed with an agency 38 against an agency employee and all information obtained pursuant 39 to an investigation by the agency of the complaint of misconduct 40 be made confidential and exempt from the requirements of s. 41 119.07(1), Florida Statutes, and s. 24(a), Article I of the 42 State Constitution. The disclosure of information, such as the 43 nature of the complaint against an agency employee and testimony 44 and evidence given in the investigation of the complaint, could 45 injure an individual and deter that person from providing 46 information pertaining to internal investigations, thus 47 impairing the ability of an agency to conduct an investigation 48 that is fair and reasonable. In the performance of its lawful 49 duties and responsibilities, an agency may need to obtain 50 information for the purpose of determining an administrative 51 action. Without an exemption from public record requirements to 52 protect information of a sensitive personal nature provided to 53 an agency in the course of an internal investigation, such 54 information becomes a public record when received and must be 55 divulged upon request. Disclosure of information obtained during 56 an internal investigation conducted by an agency inhibits 57 voluntary participation of individuals during internal 58 investigations and makes it difficult if not impossible to 59 determine the truth. Therefore, the Legislature declares that it 60 is a public necessity that a complaint of misconduct filed with 61 an agency against an agency employee and all information 62 obtained pursuant to an investigation by the agency of the 63 complaint of misconduct be held confidential and exempt from 64 public record requirements. 65 Section 3. This act shall take effect July 1, 2013.