Florida Senate - 2019                                     SB 236
       
       
        
       By Senator Book
       
       
       
       
       
       32-00631-19                                            2019236__
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         amending s. 112.324, F.S.; providing an exception to
    4         the expiration of certain public records and public
    5         meetings exemptions under specified circumstances;
    6         prohibiting the disclosure of the personal identifying
    7         information of an alleged victim of sexual harassment
    8         or sexual misconduct, or information that could assist
    9         an individual in determining the identity of such
   10         alleged victim, in any portion of a proceeding
   11         conducted by the Commission on Ethics, a commission on
   12         ethics and public trust, or a county or a municipality
   13         that has established a local investigatory process
   14         which is open to the public; providing for future
   15         legislative review and repeal; amending s. 119.071,
   16         F.S.; providing an exemption from public records
   17         requirements for complaints, referrals, and reports
   18         alleging sexual harassment or sexual misconduct, and
   19         any related records, which are held by an agency;
   20         specifying conditions upon which the exemption
   21         expires; providing that the personal identifying
   22         information of an alleged victim of sexual harassment
   23         or sexual misconduct, or information that could assist
   24         an individual in determining the identity of such
   25         alleged victim, remains confidential and exempt from
   26         public records requirements; authorizing disclosure
   27         under specified circumstances; providing for future
   28         legislative review and repeal; amending s. 286.0113,
   29         F.S.; providing an exemption from public meetings
   30         requirements for any portion of a meeting that would
   31         reveal records involving an allegation of sexual
   32         harassment or sexual misconduct made confidential and
   33         exempt under the act; specifying conditions upon which
   34         the exemption expires; prohibiting the disclosure of
   35         the personal identifying information of an alleged
   36         victim of sexual harassment or sexual misconduct, or
   37         information that could assist an individual in
   38         determining the identity of such alleged victim, in
   39         any portion of a meeting open to the public; providing
   40         for future legislative review and repeal; providing
   41         statements of public necessity; providing an effective
   42         date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Paragraph (e) of subsection (2) of section
   47  112.324, Florida Statutes, is amended, present paragraph (f) of
   48  that subsection is redesignated as paragraph (g), and a new
   49  paragraph (f) is added to that subsection, to read:
   50         112.324 Procedures on complaints of violations and
   51  referrals; public records and meeting exemptions.—
   52         (2)
   53         (e) The exemptions in paragraphs (a)-(d) apply until:
   54         1. The complaint is dismissed as legally insufficient;
   55         2. Except in connection with complaints or referrals that
   56  involve allegations of sexual harassment or sexual misconduct,
   57  the alleged violator requests in writing that such records and
   58  proceedings be made public;
   59         3. The commission determines that it will not investigate
   60  the referral; or
   61         4. The commission, a commission on ethics and public trust,
   62  or a county or municipality that has established such local
   63  investigatory process determines, based on such investigation,
   64  whether probable cause exists to believe that a violation has
   65  occurred.
   66         (f) Notwithstanding paragraph (e), the personal identifying
   67  information of an alleged victim of sexual harassment or sexual
   68  misconduct or any information that could assist an individual in
   69  determining the identity of such alleged victim remains
   70  confidential and exempt as provided under s. 119.071(2)(n)3. and
   71  may not be disclosed in a portion of a proceeding conducted by
   72  the commission, a commission on ethics and public trust, or a
   73  county or municipality that has established such local
   74  investigatory process which is open to the public. This
   75  paragraph is subject to the Open Government Sunset Review Act in
   76  accordance with s. 119.15 and shall stand repealed on October 2,
   77  2024, unless reviewed and saved from repeal through reenactment
   78  by the Legislature.
   79         Section 2. Paragraph (n) of subsection (2) of section
   80  119.071, Florida Statutes, is amended to read:
   81         119.071 General exemptions from inspection or copying of
   82  public records.—
   83         (2) AGENCY INVESTIGATIONS.—
   84         (n)1.Complaints, referrals, and reports that allege sexual
   85  harassment or sexual misconduct, including allegations of sexual
   86  harassment or sexual misconduct in violation of part III of
   87  chapter 112, and any related records that are held by an agency
   88  are Personal identifying information of the alleged victim in an
   89  allegation of sexual harassment is confidential and exempt from
   90  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   91  Such information may be disclosed to another governmental entity
   92  in the furtherance of its official duties and responsibilities.
   93         2. Except as provided in subparagraph 3., the exemption in
   94  subparagraph 1. applies until:
   95         a. The agency determines that it will not investigate the
   96  allegation;
   97         b. The agency takes disciplinary action against the subject
   98  of the allegation and determines that it will take no further
   99  action in the matter; or
  100         c. A finding is made as to whether probable cause exists.
  101         3. Notwithstanding the release of any record pursuant to
  102  subparagraph 2., any personal identifying information of an
  103  alleged victim, or any information that could assist an
  104  individual in determining the identity of such alleged victim,
  105  shall remain confidential and exempt from s. 119.07(1) and s.
  106  24(a), Art. I of the State Constitution. Such information may be
  107  disclosed to another governmental entity in the furtherance of
  108  the agency’s official duties and responsibilities or to the
  109  parties to the allegation and their attorneys.
  110         4. This paragraph is subject to the Open Government Sunset
  111  Review Act in accordance with s. 119.15 and shall stand repealed
  112  on October 2, 2024 2022, unless reviewed and saved from repeal
  113  through reenactment by the Legislature.
  114         Section 3. Subsection (3) is added to section 286.0113,
  115  Florida Statutes, to read:
  116         286.0113 General exemptions from public meetings.—
  117         (3)(a)Any portion of a meeting that would reveal any
  118  records involving an allegation of sexual harassment or sexual
  119  misconduct which are made confidential and exempt by s.
  120  119.071(2)(n)1. is exempt from s. 286.011 and s. 24(b), Art. I
  121  of the State Constitution until the agency:
  122         1. Determines it will not investigate the allegation;
  123         2. Takes disciplinary action against the subject of the
  124  allegation and determines it will take no further action; or
  125         3. Makes a finding as to probable cause.
  126         (b) Notwithstanding paragraph (a), the personal identifying
  127  information of an alleged victim of sexual harassment or sexual
  128  misconduct or any information that could assist an individual in
  129  determining the identity of such alleged victim remains
  130  confidential and exempt as provided under s. 119.071(2)(n)3. and
  131  may not be disclosed in a portion of a meeting that is open to
  132  the public.
  133         (c) This subsection is subject to the Open Government
  134  Sunset Review Act in accordance with s. 119.15 and shall stand
  135  repealed on October 2, 2024, unless reviewed and saved from
  136  repeal through reenactment by the Legislature.
  137         Section 4. (1) The Legislature finds that it is a public
  138  necessity that complaints, referrals, and reports alleging
  139  sexual harassment or sexual misconduct, and any related records
  140  that are held by an agency, be made confidential and exempt from
  141  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
  142  State Constitution until the agency determines that it will not
  143  investigate the allegation; takes disciplinary action against
  144  the subject of the allegation and determines it will take no
  145  further action; or makes a finding as to probable cause. This
  146  exemption is necessary because the release of such information
  147  could potentially be defamatory to an individual under
  148  investigation; could subject alleged victims to further sexual
  149  harassment or retaliation; or could significantly impair the
  150  integrity of any investigation of such allegations.
  151  Additionally, the potential for disclosure of such information
  152  could create a disincentive for alleged victims to report
  153  instances of alleged harassment or misconduct. The Legislature
  154  finds that the potential harm that may result from the release
  155  of such information outweighs any public benefit that may be
  156  derived from the disclosure of such information.
  157         (2) The Legislature also finds that it is a public
  158  necessity that any portion of a meeting that would reveal any
  159  records involving an allegation of sexual harassment or sexual
  160  misconduct which are made confidential and exempt under s.
  161  119.071(2)(n)1., Florida Statutes, be made exempt under s.
  162  286.011, Florida Statutes, and s. 24(b), Article I of the State
  163  Constitution until the agency determines that it will not
  164  investigate the allegation; takes disciplinary action against
  165  the subject of the allegation and determines it will take no
  166  further action; or makes a finding as to probable cause.
  167  Furthermore, the Legislature finds that it is a public necessity
  168  to prohibit the disclosure of the personal identifying
  169  information of an alleged victim of sexual harassment or sexual
  170  misconduct, or any information that could assist an individual
  171  in determining the identity of such alleged victim, in any
  172  portion of a proceeding conducted by the Commission on Ethics, a
  173  commission on ethics and public trust, or a county or
  174  municipality that has established a local investigatory process
  175  which is open to the public, or any portion of a meeting of any
  176  board or commission of any state agency or authority or of any
  177  agency or authority of any county, municipal corporation, or
  178  political subdivision which is open to the public. The failure
  179  to close a meeting at which records involving an allegation of
  180  sexual harassment or sexual misconduct are discussed or acted
  181  upon would defeat the purpose of the public records exemption.
  182  The Legislature also finds that it is necessary to maintain the
  183  confidentiality of an alleged victim’s identity after an agency
  184  determines that it will not investigate the allegation; takes
  185  disciplinary action against the subject of the allegation and
  186  determines it will take no further action; or makes a finding as
  187  to probable cause, because a victim may remain at risk of
  188  further harassment and retaliation, and the disclosure of the
  189  victim’s identity may cause damage to his or her reputation.
  190         Section 5. This act shall take effect upon becoming a law.