Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1272
Barcode 030274
CHAMBER ACTION
Senate House
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11 The Committee on Education (Wise) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraphs (b), (c), (d), (e), and (f) of
19 subsection (6) of section 1005.38, Florida Statutes, as
20 amended by SB 1250, 2005 Regular Session, are redesignated as
21 paragraphs (c), (d), (e), (f), and (g), respectively, and a
22 new paragraph (b) is added to that subsection to read:
23 1005.38 Actions against a licensee and other
24 penalties.--
25 (6) The commission may conduct disciplinary
26 proceedings through an investigation of any suspected
27 violation of this chapter or any rule of the commission,
28 including a finding of probable cause and making reports to
29 any law enforcement agency or regulatory agency.
30 (b)1. All investigatory records held by the commission
31 in conjunction with an investigation conducted pursuant to
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1272
Barcode 030274
1 this subsection, including minutes and findings of an exempt
2 probable cause panel meeting convened in conjunction with such
3 investigation, are exempt from s. 119.07(1) and s. 24(a), Art.
4 I of the State Constitution for a period not to exceed 10 days
5 after the panel makes a determination regarding probable
6 cause.
7 2. Those portions of a meeting of the probable cause
8 panel at which records made exempt pursuant to subparagraph 1.
9 are discussed are exempt from s. 286.011 and s. 24(b), Art. I
10 of the State Constitution.
11 3. This paragraph is subject to the Open Government
12 Sunset Review Act of 1995 in accordance with s. 119.15 and
13 shall stand repealed on October 2, 2010, unless reviewed and
14 saved from repeal through reenactment by the Legislature.
15 Section 2. The Legislature finds that it is a public
16 necessity that investigatory records held by the Commission
17 for Independent Education in conjunction with an investigation
18 conducted pursuant to section 1005.38(6), Florida Statutes,
19 including minutes and findings of an exempt probable cause
20 panel meeting convened in conjunction with such
21 investigations, be made exempt from public records
22 requirements for a period not to exceed 10 days after a panel
23 makes a determination regarding probable cause. The
24 Legislature further finds that it is a public necessity that
25 the proceedings of any probable cause panel convened in
26 conjunction with such investigations be made exempt from
27 public meetings requirements until the panel makes a
28 determination regarding probable cause. The exemptions created
29 by this act relating to investigations conducted by the
30 Commission for Independent Education prevent unfounded
31 complaints and investigations from being used to damage the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1272
Barcode 030274
1 good name of an institution or persons associated with the
2 institution. Because the information made exempt under this
3 act will be available to the public after a determination
4 regarding probable cause is made, public oversight will be
5 maintained.
6 Section 3. This act shall take effect on the same date
7 that SB 1250 or similar legislation takes effect, if such
8 legislation is adopted in the same legislative session or an
9 extension thereof and becomes law.
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12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 Delete everything before the enacting clause
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16 and insert:
17 A bill to be entitled
18 An act relating to public records and public
19 meetings exemptions for investigations by the
20 Commission for Independent Education; amending
21 s. 1005.38, F.S.; creating an exemption from
22 public records requirements for investigatory
23 records, including minutes and findings of an
24 exempt probable cause panel relating to
25 suspected violations of ch. 1005, F.S., or
26 commission rules; creating an exemption from
27 public meetings requirements for proceedings of
28 a probable cause panel; providing for limited
29 duration of the exemptions; providing for
30 future review and repeal; providing a statement
31 of public necessity; providing a contingent
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1272
Barcode 030274
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