Amendment

Bill No. 1691

Amendment No. 610005

CHAMBER ACTION
Senate		House
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1	Representative Rivera offered the following:
2
3	Amendment (with title amendment)
4	Remove lines 15-107 and insert:
5
6	Section 1.  Paragraph (w) of subsection (3) of section
7	119.07, Florida Statutes, is amended to read:
8	119.07  Inspection, examination, and duplication of
9	records; exemptions.--
10	(3)
11	(w)1.  Workpapers and reports of audits conducted pursuant
12	to s. 20.055 are confidential and If certified pursuant to
13	subparagraph 2., an investigatory record of the Chief Inspector
14	General within the Executive Office of the Governor or of the
15	employee designated by an agency head as the agency inspector
16	general under s. 112.3189 is exempt from the provisions of
17	subsection (1) and s. 24(a), Art. I of the State Constitution
18	until the audit is complete and the report becomes final, to the
19	extent that such workpapers and reports do not include
20	information which has otherwise been made confidential and
21	exempt investigation ceases to be active, or a report detailing
22	the investigation is provided to the Governor or the agency
23	head, or 60 days from the inception of the investigation for
24	which the record was made or received, whichever first occurs.
25	Investigatory records are those records which are related to the
26	investigation of an alleged, specific act or omission or other
27	wrongdoing, with respect to an identifiable person or group of
28	persons, based on information compiled by the Chief Inspector
29	General or by an agency inspector general, as named under the
30	provisions of s. 112.3189, in the course of an investigation. An
31	investigation is active if it is continuing with a reasonable,
32	good faith anticipation of resolution and with reasonable
33	dispatch.
34	2.  Workpapers and reports of investigations conducted
35	pursuant to s. 20.055 are confidential and exempt from the
36	provisions of subsection (1) and s. 24(a), Art. I of the State
37	Constitution until the investigation is completed or ceases to
38	be active, to the extent that such workpapers and reports do not
39	include information which has otherwise been made confidential
40	and exempt; except that, upon request, the subject of a
41	complaint shall be provided with a copy of the written complaint
42	and supporting documents, if any, which contain the specific
43	allegations made against him or her and extrinsic evidence
44	received to the date of the request, except for information
45	which has otherwise been made confidential and exempt. However,
46	when the inspector general or a member of the staff receives
47	from an individual a complaint or information as defined in s.
48	112.3187(5), the name or identity of the individual shall not be
49	disclosed to anyone without the express written consent of that
50	individual, unless the inspector general determines that such
51	disclosure is unavoidable during the course of the
52	investigation. For purposes of this paragraph, an investigation
53	shall be considered "active" so long as the agency inspector
54	general is proceeding with reasonable dispatch and has a
55	reasonable good faith belief that the investigation may lead to
56	the filing of an administrative, civil, or criminal proceeding
57	The Governor, in the case of the Chief Inspector General, or
58	agency head, in the case of an employee designated as the agency
59	inspector general under s. 112.3189, may certify such
60	investigatory records require an exemption to protect the
61	integrity of the investigation or avoid unwarranted damage to an
62	individual's good name or reputation. The certification shall
63	specify the nature and purpose of the investigation and shall be
64	kept with the exempt records and made public when the records
65	are made public.
66	3.  The provisions of this paragraph do not apply to
67	whistle-blower investigations conducted pursuant to the
68	provisions of ss. 112.3187, 112.3188, 112.3189, and 112.31895.
69	4.  This paragraph is subject to the Open Government Sunset
70	Review Act of 1995 in accordance with s. 119.15 and shall stand
71	repealed on October 2, 2009, unless reviewed and saved from
72	repeal through reenactment by the Legislature.
73	Section 2.  The Legislature finds that it is a public
74	necessity to exempt audit and investigative workpapers and
75	reports of agency inspectors general until an audit or
76	investigation is complete and the report final, or until the
77	investigation ceases to be active. Such exempt information is,
78	by its nature, incomplete and could be misleading. Release of
79	inaccurate or incomplete information could be detrimental to the
80	agencies audited or investigated. Inspectors general need
81	privacy of work product until the audit or investigation is
82	complete and the report is final, or until the investigation
83	ceases to be active. Premature
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85
86	================ T I T L E  A M E N D M E N T =============
87	Remove lines 3-9 and insert:
88
89	119.07, F.S.; creating a public records exemption for audit
90	workpapers and reports of an agency inspector general; providing
91	for expiration of the exemption; creating a public records
92	exemption for investigative workpapers and reports of an agency
93	inspector general; providing for expiration of the exemption;
94	providing for the disclosure of certain documents to the subject
95	of a complaint; providing for future review and repeal;

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