Florida Senate - 2013         (PROPOSED COMMITTEE BILL) SPB 7124
       
       
       
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       585-02103D-13                                         20137124__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S., relating to a public records exemption
    4         for agency records concerning complaints of employment
    5         discrimination; saving the exemption from repeal under
    6         the Open Government Sunset Review Act; removing the
    7         scheduled repeal of the exemption; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12  Section 1. Paragraph (g) of subsection (2) of section 119.071,
   13  Florida Statutes, is amended to read:
   14         119.071 General exemptions from inspection or copying of
   15  public records.—
   16         (2) AGENCY INVESTIGATIONS.—
   17         (g)1.a. All complaints and other records in the custody of
   18  any agency which relate to a complaint of discrimination
   19  relating to race, color, religion, sex, national origin, age,
   20  handicap, or marital status in connection with hiring practices,
   21  position classifications, salary, benefits, discipline,
   22  discharge, employee performance, evaluation, or other related
   23  activities are exempt from s. 119.07(1) and s. 24(a), Art. I of
   24  the State Constitution until a finding is made relating to
   25  probable cause, the investigation of the complaint becomes
   26  inactive, or the complaint or other record is made part of the
   27  official record of any hearing or court proceeding.
   28         a.b. This exemption does provision shall not affect any
   29  function or activity of the Florida Commission on Human
   30  Relations.
   31         b.c. Any state or federal agency that is authorized to have
   32  access to such complaints or records by any provision of law
   33  shall be granted such access in the furtherance of such agency’s
   34  statutory duties.
   35         2. If an when the alleged victim chooses not to file a
   36  complaint and requests that records of the complaint remain
   37  confidential, all records relating to an allegation of
   38  employment discrimination are confidential and exempt from s.
   39  119.07(1) and s. 24(a), Art. I of the State Constitution.
   40         3. This paragraph is subject to the Open Government Sunset
   41  Review Act in accordance with s. 119.15 and shall stand repealed
   42  on October 2, 2013, unless reviewed and saved from repeal
   43  through reenactment by the Legislature.
   44         Section 2. This act shall take effect October 1, 2013.