Florida Senate - 2013         (Proposed Committee Bill) SPB 7008
       
       
       
       FOR CONSIDERATION By the Committee on Ethics and Elections
       
       
       
       
       582-00636A-13                                         20137008__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 112.324, F.S.; creating an exemption from
    4         public records requirements for written referrals and
    5         related records held by the Commission on Ethics, the
    6         Governor, the Department of Law Enforcement, or state
    7         attorneys; creating an exemption for records relating
    8         to a preliminary investigation held by the Commission
    9         on Ethics; creating an exemption from public meetings
   10         requirements for proceedings of the Commission on
   11         Ethics in which the referrals are discussed or acted
   12         upon; extending the period in which the disclosure of
   13         the intent to file or the filing of a complaint
   14         against a candidate is prohibited; providing an
   15         exception; prohibiting the disclosure of the intent to
   16         file or the filing of a referral against a candidate
   17         on the day of an election or within a specified time
   18         period immediately preceding such election; providing
   19         an exception; providing for future repeal and
   20         legislative review of the exemption under the Open
   21         Government Sunset Review Act; providing a statement of
   22         public necessity; providing a contingent effective
   23         date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (2) of section 112.324, Florida
   28  Statutes, is amended to read:
   29         112.324 Procedures on complaints of violations; public
   30  records and meeting exemptions.—
   31         (2)(a) The complaint and records relating to the complaint
   32  or to any preliminary investigation held by the commission or
   33  its agents, by a Commission on Ethics and Public Trust
   34  established by any county defined in s. 125.011(1) or by any
   35  municipality defined in s. 165.031, or by any county or
   36  municipality that has established a local investigatory process
   37  to enforce more stringent standards of conduct and disclosure
   38  requirements as provided in s. 112.326 are confidential and
   39  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
   40  of the State Constitution.
   41         (b) Written referrals and records relating to such
   42  referrals held by the commission or its agents, the Governor,
   43  the Department of Law Enforcement, or state attorneys, and
   44  records relating to any preliminary investigation of such
   45  referrals held by the commission or its agents, are confidential
   46  and exempt from the provisions of s. 119.07(1) and s. 24(a),
   47  Art. I of the State Constitution.
   48         (c)(b) Any proceeding conducted by the commission, a
   49  Commission on Ethics and Public Trust, or a county or
   50  municipality that has established such local investigatory
   51  process, pursuant to a complaint or preliminary investigation,
   52  is exempt from the provisions of s. 286.011, s. 24(b), Art. I of
   53  the State Constitution, and s. 120.525.
   54         (d) Any proceeding of the commission in which a
   55  determination regarding a referral is discussed or acted upon is
   56  exempt from s. 286.011 and s.24(b), Art. I of the State
   57  Constitution, and s. 120.525.
   58         (e)(c) The exemptions in paragraphs (a)-(d) (a) and (b)
   59  apply until:
   60         1. The complaint is dismissed as legally insufficient;,
   61  until
   62         2. The alleged violator requests in writing that such
   63  records and proceedings be made public;,
   64         3.The commission determines that it will not investigate
   65  the referral; or until
   66         4. The commission, a Commission on Ethics and Public Trust,
   67  or a county or municipality that has established such local
   68  investigatory process determines, based on such investigation,
   69  whether probable cause exists to believe that a violation has
   70  occurred.
   71         (f)In no event shall A complaint or referral under this
   72  part against a candidate in any general, special, or primary
   73  election may not be filed nor may or any intention of filing
   74  such a complaint or referral be disclosed on the day of any such
   75  election or within the 30 5 days immediately preceding the date
   76  of the election, unless the complaint or referral is based upon
   77  personal knowledge or information other than hearsay.
   78         (g)(d) This subsection is subject to the Open Government
   79  Sunset Review Act in accordance with s. 119.15 and shall stand
   80  repealed on October 2, 2018 2015, unless reviewed and saved from
   81  repeal through reenactment by the Legislature.
   82         Section 2. (1) The Legislature finds that it is a public
   83  necessity that written referrals and records relating to such
   84  referrals held by the Commission on Ethics or its agents, the
   85  Governor, the Department of Law Enforcement, or state attorneys,
   86  and records relating to any preliminary investigation of such
   87  referrals held by the Commission on Ethics or its agents, be
   88  confidential and exempt from public records requirements until
   89  the commission determines that it will not investigate the
   90  referral, until the alleged violator requests in writing that
   91  such records be made public, or until it is determined by the
   92  commission based upon a preliminary investigation of the
   93  referral whether probable cause exists to believe that a
   94  violation has occurred. This exemption is necessary because the
   95  release of such information could potentially be defamatory to
   96  an individual under investigation, cause unwarranted damage to
   97  the reputation of such individual, or significantly impair the
   98  integrity of the investigation.
   99         (2) The Legislature also finds that it is a public
  100  necessity that the proceedings of the Commission on Ethics at
  101  which a determination regarding a referral is discussed or acted
  102  upon be exempt from public meetings requirements until the
  103  commission determines that it will not investigate the referral,
  104  until the alleged violator requests in writing that such
  105  proceedings be made public, or until it is determined by the
  106  Commission on Ethics, based on a preliminary investigation of
  107  the referral, whether probable cause exists to believe that a
  108  violation has occurred. This exemption is necessary because the
  109  release of such information could potentially be defamatory to
  110  an individual under investigation, cause unwarranted damage to
  111  the reputation of such individual, or significantly impair the
  112  integrity of the investigation.
  113         Section 3. This act shall take effect on the same date that
  114  SB 2 or similar legislation takes effect, if such legislation is
  115  adopted in the same legislative session or an extension thereof
  116  and becomes a law.