Florida Senate - 2013                                     SB 652
       
       
       
       By Senator Detert
       
       
       
       
       28-00986-13                                            2013652__
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         amending s. 112.324, F.S.; expanding the exemption
    4         from public records requirements for a written
    5         complaint received by the Commission on Ethics of an
    6         alleged violation of the Code of Ethics for Public
    7         Officers and Employees, or any other alleged breach of
    8         the public trust within the jurisdiction of the
    9         commission, to include the commission’s determination
   10         regarding a written referral of a possible violation
   11         of the code or other possible breach of the public
   12         trust from the Governor, the Chief Financial Officer,
   13         a state attorney, or the Executive Director of the
   14         Department of Law Enforcement; expanding the exemption
   15         from public meeting requirements for a proceeding
   16         conducted by the commission to include proceedings
   17         conducted pursuant to a referral; providing for
   18         specified duration of the exemptions; providing for
   19         future legislative review and repeal of the
   20         exemptions; providing a statement of public necessity;
   21         providing a contingent effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (2) of section 112.324, Florida
   26  Statutes, is amended to read:
   27         112.324 Procedures on complaints of violations; public
   28  records and meeting exemptions.—
   29         (2)(a) The following items are confidential and exempt from
   30  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   31  Constitution:
   32         1. The complaint and records relating to the complaint; or
   33         2. Records relating to any preliminary investigation; or
   34         3. The commission’s determination regarding a referral,
   35  
   36  which are held by the commission or its agents, by a Commission
   37  on Ethics and Public Trust established by any county defined in
   38  s. 125.011(1) or by any municipality defined in s. 165.031, or
   39  by any county or municipality that has established a local
   40  investigatory process to enforce more stringent standards of
   41  conduct and disclosure requirements as provided in s. 112.326
   42  are confidential and exempt from the provisions of s. 119.07(1)
   43  and s. 24(a), Art. I of the State Constitution.
   44         (b) Any proceeding conducted by the commission, a
   45  Commission on Ethics and Public Trust, or a county or
   46  municipality that has established such local investigatory
   47  process, pursuant to a complaint, referral, or preliminary
   48  investigation, is exempt from the provisions of s. 286.011, s.
   49  24(b), Art. I of the State Constitution, and s. 120.525.
   50         (c) The exemptions in paragraphs (a) and (b) apply until
   51  the complaint or referral is dismissed as legally insufficient,
   52  until the alleged violator requests in writing that such records
   53  and proceedings be made public, until the commission determines
   54  that it will not investigate the complaint or referral, or until
   55  the commission, a Commission on Ethics and Public Trust, or a
   56  county or municipality that has established such local
   57  investigatory process determines, based on such investigation,
   58  whether probable cause exists to believe that a violation has
   59  occurred. In no event shall a complaint under this part against
   60  a candidate in any general, special, or primary election be
   61  filed or any intention of filing such a complaint be disclosed
   62  on the day of any such election or within the 5 days immediately
   63  preceding the date of the election.
   64         (d) This subsection is subject to the Open Government
   65  Sunset Review Act in accordance with s. 119.15 and shall stand
   66  repealed on October 2, 2018 October 2, 2015, unless reviewed and
   67  saved from repeal through reenactment by the Legislature.
   68         Section 2. (1) The Legislature finds that it is a public
   69  necessity that a determination of legal sufficiency to conduct
   70  an investigation of an alleged breach of the public trust
   71  pursuant to a referral from a public official be made
   72  confidential and exempt from s. 119.07(1), Florida Statutes, and
   73  s. 24(a), Article I of the State Constitution until the
   74  Commission on Ethics dismisses such allegation as legally
   75  insufficient, determines that it will not conduct an
   76  investigation, or determines, based on an investigation, whether
   77  probable cause exists to believe that a violation has occurred.
   78  This exemption is necessary because the release of information
   79  that is subsequently found to be insufficient and without legal
   80  basis could potentially be defamatory to the individual under
   81  investigation or cause unwarranted damage to his or her good
   82  name or reputation. For these reasons, the Legislature finds
   83  that it is a public necessity that investigations of an alleged
   84  breach of the public trust made pursuant to a referral from a
   85  public official be made confidential and exempt from public
   86  records requirements.
   87         (2) In addition, the Legislature finds that it is a public
   88  necessity that any proceeding conducted by the Commission on
   89  Ethics pursuant to a referral from a public official be exempt
   90  from s. 286.011, Florida Statutes, and s. 24(b), Article I of
   91  the State Constitution so that the administration of such
   92  proceedings is not otherwise significantly impaired. The
   93  exemption of these proceedings from public meetings requirements
   94  minimizes the possibility of unnecessary scrutiny by the public
   95  or media of the individual under investigation and his or her
   96  family before there is a determination of probable cause.
   97  Furthermore, the Legislature has previously recognized the
   98  importance of exempting these public records and public meetings
   99  by exempting the records and meetings of the Commission on
  100  Ethics and other local commissions.
  101         Section 3. This act shall take effect on the same date that
  102  SB ____ or similar legislation takes effect, if such legislation
  103  is adopted in the same legislative session, or an extension
  104  thereof, and becomes law.