Florida Senate - 2026                                    SB 1650
       
       
        
       By Senator Gaetz
       
       
       
       
       
       1-01701-26                                            20261650__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         112.3243, F.S.; providing an exemption from public
    4         records requirements for information received by the
    5         commission or derived from its investigations;
    6         providing for future legislative review and repeal of
    7         the exemption; providing a statement of public
    8         necessity; providing a contingent effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present subsection (5) of section 112.3243,
   13  Florida Statutes, as created by SB 92 or similar legislation,
   14  2026 Regular Session, is redesignated as subsection (6), and a
   15  new subsection (5) is added to that section, to read:
   16         112.3243 Investigative procedures in response to prohibited
   17  personnel actions against ethics complaints.—
   18         (5) CONFIDENTIALITY.—All information received by the
   19  commission or information produced or derived from fact-finding
   20  or other investigations conducted by the commission is
   21  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   22  of the State Constitution if the information is received or
   23  derived from allegations as set forth in s. 112.3242 relating to
   24  an active investigation. This subsection is subject to the Open
   25  Government Sunset Review Act in accordance with s. 119.15 and
   26  shall stand repealed on October 2, 2031, unless reviewed and
   27  saved from repeal through reenactment by the Legislature.
   28         Section 2. The Legislature finds that it is a public
   29  necessity that all information received by the Commission on
   30  Ethics or information produced or derived from fact-finding or
   31  other investigations conducted by the commission be made
   32  confidential and exempt from s. 119.07(1), Florida Statutes, and
   33  s. 24(a), Article I of the State Constitution until the
   34  investigation is terminated or ceases to be active. The
   35  premature release of such records could frustrate or thwart an
   36  investigation and impair the ability of the commission to
   37  effectively and efficiently administer ss. 112.324, 112.3242,
   38  and 112.3243, Florida Statutes. In addition, the release of such
   39  records before completion of an active investigation could
   40  jeopardize an ongoing investigation, thereby affecting the
   41  ability of the commission to effectively and efficiently
   42  administer the investigation. Therefore, the Legislature finds
   43  that the harm that may result from the release of all
   44  information received by the commission or information produced
   45  or derived from fact-finding or other investigations conducted
   46  by the commission pursuant to s. 112.3242, Florida Statutes,
   47  outweighs the public benefit that may be derived from the
   48  disclosure of the information.
   49         Section 3. This act shall take effect on the same date that
   50  SB 92 or similar legislation takes effect, if such legislation
   51  is adopted in the same legislative session or an extension
   52  thereof and becomes a law.