Florida Senate - 2016                   (PROPOSED BILL) SPB 7002
       
       
        
       FOR CONSIDERATION By the Committee on Community Affairs
       
       
       
       
       
       578-00260-16                                          20167002pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.0713, F.S., which
    4         provides a public records exemption for the audit
    5         report of an internal auditor and certain records
    6         relating to investigations in the custody of an
    7         inspector general of a local government; removing the
    8         scheduled repeal of the exemption; making editorial
    9         changes; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (2) of section 119.0713, Florida
   14  Statutes, is amended to read:
   15         119.0713 Local government agency exemptions from inspection
   16  or copying of public records.—
   17         (2)(a) As used in this subsection, the term “unit of local
   18  government” means a county, municipality, special district,
   19  local agency, authority, consolidated city-county government, or
   20  any other local governmental body or public body corporate or
   21  politic authorized or created by general or special law.
   22         (b) The audit report of an internal auditor and the
   23  investigative report of the inspector general prepared for or on
   24  behalf of a unit of local government becomes a public record
   25  when the audit or investigation becomes final. As used in this
   26  subsection, the term “unit of local government” means a county,
   27  municipality, special district, local agency, authority,
   28  consolidated city-county government, or any other local
   29  governmental body or public body corporate or politic authorized
   30  or created by general or special law. An audit or investigation
   31  becomes final when the audit report or investigative report is
   32  presented to the unit of local government. Audit workpapers and
   33  notes related to such audit and information received, produced,
   34  or derived from an investigation are confidential and exempt
   35  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   36  until the audit or investigation is complete and the audit
   37  report becomes final or when the investigation is no longer
   38  active. An investigation is active if it is continuing with a
   39  reasonable, good faith anticipation of resolution and with
   40  reasonable dispatch.
   41         (b) Paragraph (a) is subject to the Open Government Sunset
   42  Review Act in accordance with s. 119.15, and shall stand
   43  repealed on October 2, 2016, unless reviewed and saved from
   44  repeal through reenactment by the Legislature.
   45         Section 2. This act shall take effect October 1, 2016.