Florida Senate - 2012                                     SB 306
       
       
       
       By Senator Fasano
       
       
       
       
       11-00095-12                                            2012306__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 112.324, F.S.; providing an exemption from
    4         public-records requirements for a determination of
    5         legal sufficiency relating to an alleged violation of
    6         part III of ch. 112, F.S., the Code of Ethics for
    7         Public Officers and Employees; providing an exemption
    8         from public-meetings requirements for any proceeding
    9         relating to such determination; authorizing the
   10         Commission on Ethics and its staff to share
   11         investigative information with criminal investigative
   12         agencies; providing for legislative review and repeal
   13         of the exemptions under the Open Government Sunset
   14         Review Act; providing a statement of public necessity;
   15         providing a contingent effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (2) of section 112.324, Florida
   20  Statutes, is amended to read:
   21         112.324 Procedures on complaints of violations; public
   22  records and meeting exemptions.—
   23         (2)(a) The complaint and records relating to a written the
   24  complaint, other determination of legal sufficiency to conduct
   25  an investigation of an alleged breach of the public trust as
   26  provided under subsection (1), or to a any preliminary
   27  investigation held by the commission or its agents, by a
   28  Commission on Ethics and Public Trust established by a any
   29  county as defined in s. 125.011(1) or a by any municipality as
   30  defined in s. 165.031, or by a any county or municipality that
   31  has established a local investigatory process to enforce more
   32  stringent standards of conduct and disclosure requirements as
   33  provided in s. 112.326 are confidential and exempt from the
   34  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   35  Constitution.
   36         (b) Any proceeding conducted by the commission, a
   37  Commission on Ethics and Public Trust, or a county or
   38  municipality that has established such local investigatory
   39  process, pursuant to a complaint, other determination that there
   40  is an indication of a breach of the public trust as provided in
   41  subsection (1), or a preliminary investigation, is exempt from
   42  the provisions of s. 286.011, s. 24(b), Art. I of the State
   43  Constitution, and s. 120.525.
   44         (c) The exemptions in paragraphs (a) and (b) apply until
   45  the complaint or other alleged indication of a breach of the
   46  public trust is dismissed as legally insufficient;, until the
   47  alleged violator requests in writing that the such records and
   48  proceedings be made public; until the commission determines that
   49  it will not investigate the complaint, publicly disseminated
   50  information, or referral;, or until the commission, a Commission
   51  on Ethics and Public Trust, or a county or municipality that has
   52  established such local investigatory process determines, based
   53  on an such investigation, whether probable cause exists to
   54  believe that a violation has occurred. In no event shall a
   55  complaint under this part against a candidate in any general,
   56  special, or primary election be filed or any intention of filing
   57  such a complaint be disclosed on the day of any such election or
   58  within the 5 days immediately preceding the date of the
   59  election.
   60         (d) The confidentiality requirements of this subsection do
   61  not prohibit the commission, a Commission on Ethics and Public
   62  Trust, or a county or municipality that has established a local
   63  investigatory process from sharing investigative information
   64  with a criminal investigative agency.
   65         (e)(d) This subsection is subject to the Open Government
   66  Sunset Review Act in accordance with s. 119.15 and shall stand
   67  repealed on October 2, 2017 2015, unless reviewed and saved from
   68  repeal through reenactment by the Legislature.
   69         Section 2. (1) The Legislature finds that it is a public
   70  necessity that a determination of legal sufficiency to conduct
   71  an investigation of an alleged breach of the public trust under
   72  part III of chapter 112, Florida Statutes, the Code of Ethics
   73  for Public Officers and Employees, pursuant to publicly
   74  disseminated information or a referral from a public official be
   75  held confidential and exempt from s. 119.07(1), Florida
   76  Statutes, and s. 24(a), Article I of the State Constitution
   77  until the Commission on Ethics, a Commission on Ethics and
   78  Public Trust, or a county or municipality dismisses such
   79  allegation as legally insufficient, determines that it will not
   80  conduct an investigation, or determines, based on an
   81  investigation, whether probable cause exists to believe that a
   82  violation has occurred. This exemption is necessary because the
   83  release of information that is subsequently found to be
   84  insufficient and without legal basis could potentially be
   85  defamatory to the individual under investigation or cause
   86  unwarranted damage to his or her good name or reputation.
   87         (2) In addition, the Legislature finds that it is a public
   88  necessity that any proceeding conducted by the Commission on
   89  Ethics, a Commission on Ethics and Public Trust, or a county or
   90  municipality pursuant to publicly disseminated information or a
   91  referral from a public official be exempt from s. 286.011,
   92  Florida Statutes, s. 24(b), Article I of the State Constitution,
   93  and s. 120.525, Florida Statutes, so that the administration of
   94  such proceeding is not otherwise significantly impaired. The
   95  exemption of these proceedings from public-meetings requirements
   96  minimizes the possibility of unnecessary scrutiny by the public
   97  or media of the individual under investigation and his or her
   98  family before there is a determination of probable cause.
   99  Furthermore, the Legislature has already recognized the
  100  importance of the aforementioned public-records and public
  101  meetings exemptions by exempting the records and meetings of the
  102  Commission on Ethics, a Commission on Ethics and Public Trust,
  103  or a county or municipality conducting such a proceeding.
  104         Section 3. This act shall take effect July 1, 2012, only if
  105  Senate Bill ____ or similar legislation is adopted in the same
  106  legislative session or an extension thereof and becomes law.