Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1318
       
       
       
       
       
       
                                Barcode 640658                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2013           .                                
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       The Committee on Ethics and Elections (Soto) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (k) is added to subsection (2) of
    6  section 119.071, Florida Statutes, to read:
    7         119.071 General exemptions from inspection or copying of
    8  public records.—
    9         (2) AGENCY INVESTIGATIONS.—
   10         (k)1. A complaint of misconduct filed with an agency
   11  against an agency employee and all information obtained pursuant
   12  to an investigation by the agency of the complaint of misconduct
   13  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   14  I of the State Constitution until the investigation ceases to be
   15  active, or until the agency provides written notice to the
   16  employee who is the subject of the complaint, either personally
   17  or by mail, that the agency has either:
   18         a. Concluded the investigation with a finding not to
   19  proceed with disciplinary action or file charges; or
   20         b. Concluded the investigation with a finding to proceed
   21  with disciplinary action or file charges.
   22         2. Subparagraph 1. is subject to the Open Government Sunset
   23  Review Act in accordance with s. 119.15 and shall stand repealed
   24  on October 2, 2018, unless reviewed and saved from repeal
   25  through reenactment by the Legislature.
   26         Section 2. The Legislature finds that it is a public
   27  necessity that a complaint of misconduct filed with an agency
   28  against an agency employee and all information obtained pursuant
   29  to an investigation by the agency of the complaint of misconduct
   30  be made confidential and exempt from the requirements of s.
   31  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   32  State Constitution. The disclosure of information, such as the
   33  nature of the complaint against an agency employee and testimony
   34  and evidence given in the investigation of the complaint, could
   35  injure an individual and deter that person from providing
   36  information pertaining to internal investigations, thus
   37  impairing the ability of an agency to conduct an investigation
   38  that is fair and reasonable. In the performance of its lawful
   39  duties and responsibilities, an agency may need to obtain
   40  information for the purpose of determining an administrative
   41  action. Without an exemption from public record requirements to
   42  protect information of a sensitive personal nature provided to
   43  an agency in the course of an internal investigation, such
   44  information becomes a public record when received and must be
   45  divulged upon request. Disclosure of information obtained during
   46  an internal investigation conducted by an agency inhibits
   47  voluntary participation of individuals during internal
   48  investigations and makes it difficult if not impossible to
   49  determine the truth. Therefore, the Legislature declares that it
   50  is a public necessity that a complaint of misconduct filed with
   51  an agency against an agency employee and all information
   52  obtained pursuant to an investigation by the agency of the
   53  complaint of misconduct be held confidential and exempt from
   54  public record requirements.
   55         Section 3. This act shall take effect July 1, 2013.
   56  
   57  ================= T I T L E  A M E N D M E N T ================
   58         And the title is amended as follows:
   59         Delete everything before the enacting clause
   60  and insert:
   61                        A bill to be entitled                      
   62         An act relating to public records; amending s.
   63         119.071, F.S.; providing an exemption from public
   64         record requirements for a complaint of misconduct
   65         filed with an agency against an agency employee and
   66         all information obtained pursuant to an investigation
   67         of the complaint by the agency; providing for limited
   68         duration of the exemption; providing for future review
   69         and repeal of the exemption under the Open Government
   70         Sunset Review Act; providing a statement of public
   71         necessity; providing an effective date.