House Bill hb2019e1

                                          HB 2019, First Engrossed



  1                      A bill to be entitled

  2         An act relating to exemption from public

  3         records and meeting requirements; creating s.

  4         1005.385, F.S.; creating an exemption from

  5         public records requirements for specified

  6         complaints filed with the Commission for

  7         Independent Education and all information

  8         obtained pursuant to the investigation of such

  9         complaints by the commission; providing a time

10         limitation for the exemption; providing an

11         exception to the exemption; creating an

12         exemption from public meeting requirements for

13         proceedings of the commission's probable-cause

14         panel; providing a time limitation for the

15         exemption; providing for future review and

16         repeal of the exemptions; providing findings of

17         public necessity; providing a conditional

18         effective date.

19  

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

21  

22         Section 1.  Section 1005.385, Florida Statutes, is

23  created to read:

24         1005.385  Actions against a licensee and other

25  penalties; public records and public meetings exemption.--A

26  complaint filed with the Commission for Independent Education

27  under s. 1005.38 and all information obtained pursuant to the

28  investigation of such complaint by the commission is

29  confidential and exempt from the provisions of s. 119.07(1)

30  and s. 24(a), Art. I of the State Constitution for a period

31  not to exceed 10 days after the probable cause panel


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CODING: Words stricken are deletions; words underlined are additions.






                                          HB 2019, First Engrossed



  1  established under s. 1005.38 declares a finding of probable

  2  cause, at which time the exemption shall expire.  The

  3  commission may provide information obtained pursuant to s.

  4  1005.38 to any law enforcement or regulatory agency.  The

  5  proceedings of the probable cause panel established under s.

  6  1005.38 are exempt from the provisions of s. 286.011 and s.

  7  24(b), Art. I of the State Constitution until the panel

  8  declares a finding of probable cause, at which time the

  9  exemption shall expire.  This section is subject to the Open

10  Government Sunset Review Act of 1995 in accordance with s.

11  119.15, and shall stand repealed on October 2, 2007, unless

12  reviewed and saved from repeal through reenactment by the

13  Legislature.

14         Section 2.  The Legislature finds that it is a public

15  necessity to make confidential and exempt from public

16  disclosure complaints filed with the Commission for

17  Independent Education under s. 1005.38, Florida Statutes, and

18  all information obtained in the course of an investigation of

19  such complaints by the commission, and to close the

20  proceedings at which a finding of probable cause under s.

21  1005.38 is determined because the exemption prevents unfounded

22  complaints and investigations from being used to damage the

23  good name of an institution or persons associated with the

24  institution.  Because the information made exempt under this

25  act would be released after a finding of probable cause, the

26  public would continue to be protected.

27         Section 3.  This act shall take effect on January 7,

28  2003, if HB 2017 or similar legislation is adopted in the same

29  legislative session or an extension thereof.

30  

31  


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CODING: Words stricken are deletions; words underlined are additions.