Senate Bill 1110e1

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    SB 1110                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to open government; amending s.

  3         112.324, F.S.; providing an exemption from

  4         public records and public meetings requirements

  5         for records and proceedings relating to

  6         information or referrals received by the

  7         Commission on Ethics relating to Ethics Code

  8         violations; providing for release of such

  9         information to criminal investigative agencies;

10         providing for future legislative review and

11         repeal; providing a finding of public

12         necessity; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (1) of section 112.324, Florida

17  Statutes, is amended to read:

18         112.324  Procedures on complaints of violations.--

19         (1)  Upon a written complaint executed on a form

20  prescribed by the commission and signed under oath or

21  affirmation by any person, the commission shall investigate

22  any alleged violation of this part or any other alleged breach

23  of the public trust within the jurisdiction of the commission

24  as provided in s. 8(f), Art. II of the State Constitution in

25  accordance with procedures set forth herein. Within 5 days

26  after receipt of a complaint by the commission, a copy shall

27  be transmitted to the alleged violator.  All proceedings, the

28  complaint, and other records relating to the preliminary

29  investigation or the commission's determination, as provided

30  herein, or as provided by a Commission on Ethics and Public

31  Trust established by any county defined in s. 125.011(1),


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    SB 1110                                        First Engrossed



  1  shall be confidential and exempt from the provisions of s.

  2  119.07(1), and s. 24(a), Art. I of the State Constitution,

  3  either until the alleged violator requests in writing that

  4  such investigation and records be made public records or the

  5  preliminary investigation is completed, notwithstanding any

  6  provision of chapter 120 or s. 286.011 and s. 24(b), Art. I of

  7  the State Constitution.  The confidentiality requirements of

  8  this section do not prohibit the commission or its staff from

  9  sharing investigative information with criminal investigative

10  agencies. In no event shall a complaint under this part

11  against a candidate in any general, special, or primary

12  election be filed or any intention of filing such a complaint

13  be disclosed on the day of any such election or within the 5

14  days immediately preceding the date of the election. The

15  confidentiality provisions of this subsection are is repealed

16  October 2, 2002, and must be reviewed by the Legislature

17  before that date in accordance with s. 119.15, the Open

18  Government Sunset Review Act of 1995.

19         Section 2.  The Legislature finds that the release to

20  the public of records and proceedings relating to information

21  or referrals received by the Commission on Ethics relating to

22  a possible violation of the Code of Ethics for Public Officers

23  and Employees prior to a probable cause determination may have

24  an adverse effect upon the person who is subject to the

25  complaint. The Legislature further finds that such

26  determination may subsequently be reversed or modified and

27  that the commission may choose not to continue the

28  investigation into the alleged violation. The Legislature also

29  finds that the exemption is of limited scope so that an

30  accused's rights are protected, while at the same time, the

31  public's right to obtain information is preserved. Therefore


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    SB 1110                                        First Engrossed



  1  it is a public necessity to protect the confidentiality of

  2  such information.

  3         Section 3.  This act shall take effect on the effective

  4  date of Senate Bill 368 or similar legislation passed during

  5  the 2000 Regular Session of the Legislature.

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