Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 236
       
       
       
       
       
       
                                Ì5858146Î585814                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/11/2019           .                                
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       The Committee on Criminal Justice (Book) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 46 - 103
    4  and insert:
    5         Section 1. Subsection (2) of section 112.324, Florida
    6  Statutes, is amended to read:
    7         112.324 Procedures on complaints of violations and
    8  referrals; public records and meeting exemptions.—
    9         (2)(a) The complaint and records relating to the complaint
   10  or to any preliminary investigation held by the commission or
   11  its agents, by a Commission on Ethics and Public Trust
   12  established by any county defined in s. 125.011(1) or by any
   13  municipality defined in s. 165.031, or by any county or
   14  municipality that has established a local investigatory process
   15  to enforce more stringent standards of conduct and disclosure
   16  requirements as provided in s. 112.326 are confidential and
   17  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   18  Constitution.
   19         (b) Written referrals and records relating to such
   20  referrals held by the commission or its agents, the Governor,
   21  the Department of Law Enforcement, or a state attorney, and
   22  records relating to any preliminary investigation of such
   23  referrals held by the commission or its agents, are confidential
   24  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   25  Constitution.
   26         (c) Any portion of a proceeding conducted by the
   27  commission, a Commission on Ethics and Public Trust, or a county
   28  or municipality that has established such local investigatory
   29  process, pursuant to a complaint or preliminary investigation,
   30  is exempt from s. 286.011, s. 24(b), Art. I of the State
   31  Constitution, and s. 120.525.
   32         (d) Any portion of a proceeding of the commission in which
   33  a determination regarding a referral is discussed or acted upon
   34  is exempt from s. 286.011 and s. 24(b), Art. I of the State
   35  Constitution, and s. 120.525.
   36         (e) The exemptions in paragraphs (a)-(d) apply until:
   37         1. The complaint is dismissed as legally insufficient;
   38         2. Except in connection with complaints or referrals that
   39  involve allegations of sexual harassment or sexual misconduct,
   40  the alleged violator requests in writing that such records and
   41  proceedings be made public;
   42         3. The commission determines that it will not investigate
   43  the referral; or
   44         4. The commission, a commission on ethics and public trust,
   45  or a county or municipality that has established such local
   46  investigatory process determines, based on such investigation,
   47  whether probable cause exists to believe that a violation has
   48  occurred.
   49         (f) Notwithstanding paragraph (e), the personal identifying
   50  information of an alleged victim of sexual harassment or sexual
   51  misconduct or any information that could assist an individual in
   52  determining the identity of such alleged victim remains
   53  confidential and exempt as provided under s. 119.071(2)(n)3. and
   54  may not be disclosed in a portion of a proceeding conducted by
   55  the commission, a commission on ethics and public trust, or a
   56  county or municipality that has established such local
   57  investigatory process which is open to the public.
   58         (g) This subsection is subject to the Open Government
   59  Sunset Review Act in accordance with s. 119.15 and shall stand
   60  repealed on October 2, 2024, unless reviewed and saved from
   61  repeal through reenactment by the Legislature.
   62         (h)(f) A complaint or referral under this part against a
   63  candidate in any general, special, or primary election may not
   64  be filed nor may any intention of filing such a complaint or
   65  referral be disclosed on the day of any such election or within
   66  the 30 days immediately preceding the date of the election,
   67  unless the complaint or referral is based upon personal
   68  information or information other than hearsay.
   69         Section 2. Paragraph (n) of subsection (2) of section
   70  119.071, Florida Statutes, is amended to read:
   71         119.071 General exemptions from inspection or copying of
   72  public records.—
   73         (2) AGENCY INVESTIGATIONS.—
   74         (n)1.Complaints, referrals, and reports that allege sexual
   75  harassment or sexual misconduct, including allegations of sexual
   76  harassment or sexual misconduct in violation of part III of
   77  chapter 112, and any related records that are held by an agency
   78  are Personal identifying information of the alleged victim in an
   79  allegation of sexual harassment is confidential and exempt from
   80  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   81  Such information may be disclosed to another governmental entity
   82  in the furtherance of its official duties and responsibilities.
   83         2. Except as provided in subparagraph 3., the exemption in
   84  subparagraph 1. applies until:
   85         a. The agency determines that it will not investigate the
   86  allegation;
   87         b. The agency takes disciplinary action against the subject
   88  of the allegation and determines that it will take no further
   89  action in the matter; or
   90         c. A finding is made as to whether probable cause exists.
   91         3. Notwithstanding the release of any record pursuant to
   92  subparagraph 2., the personal identifying information of an
   93  alleged victim of sexual harassment or sexual misconduct or any
   94  information that could assist an