Florida Senate - 2012                      CS for CS for SB 1464
       
       
       
       By the Committees on Budget Subcommittee on Transportation,
       Tourism, and Economic Development Appropriations; and
       Governmental Oversight and Accountability; and Senator Gaetz
       
       
       606-04258-12                                          20121464c2
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         119.035, F.S.; declaring that it is the policy of this
    4         state that the provisions of ch. 119, F.S., apply to
    5         certain constitutional officers upon their election to
    6         public office; requiring that such officers adopt and
    7         implement reasonable measures to ensure compliance
    8         with the public records obligations set forth in ch.
    9         119, F.S.; requiring that the public records of such
   10         officers be maintained in accordance with the policies
   11         and procedures of the public offices to which the
   12         officers have been elected; requiring that online and
   13         electronic communication and recordkeeping systems
   14         preserve the records on such systems so as to not
   15         impair the ability of the public to inspect or copy
   16         such public records; requiring that such officers, as
   17         soon as practicable upon taking the oath of office,
   18         deliver to the person or persons responsible for
   19         records and information management, all public records
   20         kept or received in the transaction of official
   21         business during the period following election to
   22         public office; defining the term “officers-elect” as
   23         used in s. 119.035, F.S.; amending s. 286.011, F.S.;
   24         revising public meeting requirements to apply the
   25         requirements to meetings with or attended by newly
   26         elected members of boards and commissions of any state
   27         agency or authority or of any agency of authority of
   28         any county, municipal corporation, or political
   29         subdivision; reenacting s. 112.3215(8)(b), F.S.,
   30         relating to lobbying before the executive branch or
   31         the Constitution Revision Commission, to incorporate
   32         the amendment made to s. 286.011, F.S., in a reference
   33         thereto; providing an effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 119.035, Florida Statutes, is created to
   38  read:
   39         119.035Officers-elect.—
   40         (1) It is the policy of this state that the provisions of
   41  this chapter apply to officers-elect upon their election to
   42  public office. Such officers-elect shall adopt and implement
   43  reasonable measures to ensure compliance with the public records
   44  obligations set forth in this chapter.
   45         (2) Public records of an officer-elect shall be maintained
   46  in accordance with the policies and procedures of the public
   47  office to which the officer has been elected.
   48         (3) If an officer-elect, individually or as part of a
   49  transition process, creates or uses an online or electronic
   50  communication or recordkeeping system, all public records
   51  maintained on such system shall be preserved so as not to impair
   52  the ability of the public to inspect or copy such public
   53  records.
   54         (4) Upon taking the oath of office, the officer-elect
   55  shall, as soon as practicable, deliver to the person or persons
   56  responsible for records and information management in such
   57  office all public records kept or received in the transaction of
   58  official business during the period following election to public
   59  office.
   60         (5) For the purpose of this section, the term “officers
   61  elect” means the Governor, the Lieutenant Governor, the Attorney
   62  General, the Chief Financial Officer, and the Commissioner of
   63  Agriculture.
   64         Section 2. Subsection (1) of section 286.011, Florida
   65  Statutes, is amended to read:
   66         286.011 Public meetings and records; public inspection;
   67  criminal and civil penalties.—
   68         (1) All meetings of any board or commission of any state
   69  agency or authority or of any agency or authority of any county,
   70  municipal corporation, or political subdivision, except as
   71  otherwise provided in the Constitution, including meetings with
   72  or attended by any person elected to such board or commission,
   73  but who has not yet taken office, at which official acts are to
   74  be taken are declared to be public meetings open to the public
   75  at all times, and no resolution, rule, or formal action shall be
   76  considered binding except as taken or made at such meeting. The
   77  board or commission must provide reasonable notice of all such
   78  meetings.
   79         Section 3. For the purpose of incorporating the amendment
   80  made by this act to section 286.011, Florida Statutes, in a
   81  reference thereto, paragraph (b) of subsection (8) of section
   82  112.3215, Florida Statutes, is reenacted to read:
   83         112.3215 Lobbying before the executive branch or the
   84  Constitution Revision Commission; registration and reporting;
   85  investigation by commission.—
   86         (8)
   87         (b) All proceedings, the complaint, and other records
   88  relating to the investigation are confidential and exempt from
   89  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   90  Constitution, and any meetings held pursuant to an investigation
   91  are exempt from the provisions of s. 286.011(1) and s. 24(b),
   92  Art. I of the State Constitution either until the alleged
   93  violator requests in writing that such investigation and
   94  associated records and meetings be made public or until the
   95  commission determines, based on the investigation, whether
   96  probable cause exists to believe that a violation has occurred.
   97         Section 4. This act shall take effect July 1, 2012.