Florida Senate - 2014                                    SB 1662
       
       
        
       By the Committee on Ethics and Elections
       
       
       
       
       
       582-02416-14                                          20141662__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 106.25, F.S.; creating an exemption from
    4         public records requirements for a sworn complaint and
    5         records relating to an investigation, investigative
    6         report, or other paper of the Florida Elections
    7         Commission with respect to violations of limitations
    8         on political activity by candidates for judicial
    9         office; creating an exemption from public meetings
   10         requirements for portions of proceedings of the
   11         Florida Elections Commission in which violations of
   12         limitations on political activity by candidates for
   13         judicial office are discussed or acted upon following
   14         a complaint or relating to an investigation; providing
   15         for future repeal and legislative review of the
   16         exemptions under the Open Government Sunset Review
   17         Act; providing statements of public necessity;
   18         providing a contingent effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (7) of section 106.25, Florida
   23  Statutes, is amended to read:
   24         106.25 Reports of alleged violations to Florida Elections
   25  Commission; disposition of findings.—
   26         (7)(a) Every sworn complaint filed pursuant to this chapter
   27  with the commission, every investigation and investigative
   28  report or other paper of the commission with respect to a
   29  violation of this chapter or chapter 104, and every proceeding
   30  of the commission with respect to a violation of this chapter or
   31  chapter 104 is confidential, is exempt from the provisions of
   32  ss. 119.07(1) and 286.011, and is exempt from publication in the
   33  Florida Administrative Register of any notice or agenda with
   34  respect to any proceeding relating to such violation, except
   35  under the following circumstances:.
   36         (b) A sworn complaint filed with the commission and an
   37  investigation and investigative report or other paper of the
   38  commission with respect to a violation of s. 105.071 is
   39  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   40  of the State Constitution.
   41         (c) Any portion of a proceeding of the commission in which
   42  a violation of s. 105.071 is discussed or acted upon pursuant to
   43  a complaint or investigation is exempt from s. 286.011, s.
   44  24(b), Art. I of the State Constitution, and s. 120.525.
   45         (d) The exemptions in paragraphs (a)-(c) apply, except
   46  under the following circumstances:
   47         1.(a) As provided in subsection (6);
   48         2.(b) Upon a determination of probable cause or no probable
   49  cause by the commission; or
   50         3.(c) For proceedings conducted with respect to appeals of
   51  fines levied by filing officers for the late filing of reports
   52  required by this chapter.
   53         (e) Paragraphs (b) and (c) are subject to the Open
   54  Government Sunset Review Act in accordance with s. 119.15 and
   55  shall stand repealed on October 2, 2019, unless reviewed and
   56  saved from repeal through reenactment by the Legislature.
   57  
   58  However, a complainant is not bound by the confidentiality
   59  provisions of this section. In addition, confidentiality may be
   60  waived in writing by the person against whom the complaint has
   61  been filed or the investigation has been initiated. If a finding
   62  of probable cause in a case is entered within 30 days prior to
   63  the date of the election with respect to which the alleged
   64  violation occurred, such finding and the proceedings and records
   65  relating to such case may shall not become public until noon of
   66  the day following such election. When two or more persons are
   67  being investigated by the commission with respect to an alleged
   68  violation of s. 105.071, this chapter, or chapter 104, the
   69  commission may not publicly enter a finding of probable cause or
   70  no probable cause in the case until a finding of probable cause
   71  or no probable cause for the entire case has been determined.
   72  However, once the confidentiality of any case has been breached,
   73  the person or persons under investigation have the right to
   74  waive the confidentiality of the case, thereby opening up the
   75  proceedings and records to the public. Any person who discloses
   76  any information or matter made confidential by the provisions of
   77  this subsection commits a misdemeanor of the first degree,
   78  punishable as provided in s. 775.082 or s. 775.083.
   79         Section 2. (1) The Legislature finds that it is a public
   80  necessity that a sworn complaint filed with the Florida
   81  Elections Commission, and records relating to an investigation,
   82  investigative report, or other paper of the commission, with
   83  respect to violations on limitations on political activity by
   84  candidates for judicial office be confidential and exempt from
   85  public records requirements. Sworn complaints, and records held
   86  by the commission relating to investigations, of a violation of
   87  chapter 104 or chapter 106, Florida Statutes, relating to
   88  certain violations and penalties of the Florida Election Code
   89  and campaign financing, respectively, have historically been
   90  exempt from public records requirements. This exemption affords
   91  the same confidentiality to such complaints and records relating
   92  to a violation of s. 105.071, Florida Statutes. This exemption
   93  is necessary because the release of such information could be
   94  defamatory to an individual under investigation, cause
   95  unwarranted damage to the reputation of such individual, or
   96  impair the integrity of the investigation. This exemption is
   97  narrowly drawn in that the confidentiality may be waived in
   98  writing by the person against whom the complaint has been filed,
   99  or the investigation has been initiated; or upon the
  100  determination of probable cause or no probable cause by the
  101  commission.
  102         (2) The Legislature finds that it is a public necessity
  103  that any portion of a proceeding of the Florida Elections
  104  Commission in which a violation of s. 105.071, Florida Statutes,
  105  is discussed or acted upon following a complaint or relating to
  106  an investigation be exempt from public meetings requirements.
  107  Proceedings of the commission with respect to a violation of
  108  chapter 104 or chapter 106, Florida Statutes, relating to
  109  certain violations and penalties of the Florida Election Code
  110  and campaign financing, respectively, have historically been
  111  exempt from public meetings requirements. This exemption affords
  112  the same protection to discussions or actions pursuant to a
  113  complaint or investigation during any portion of a proceeding of
  114  the commission with respect to an alleged violation of s.
  115  105.071, Florida Statutes. This exemption is necessary because
  116  the release of such information could be defamatory to an
  117  individual under investigation, cause unwarranted damage to the
  118  reputation of such individual, or impair the integrity of the
  119  investigation. This exemption is narrowly drawn in that it
  120  applies only to portions of proceedings of the commission in
  121  which such an alleged violation of s. 105.071, Florida Statutes
  122  pursuant to a complaint or investigation is discussed or acted
  123  upon.
  124         Section 3. This act shall take effect on the same date that
  125  SB ___ or similar legislation takes effect, if such legislation
  126  is adopted in the same legislative session or an extension
  127  thereof and becomes a law.