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The Committee on Judiciary (Fasano) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (1) of section 119.0711, Florida

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Statutes, is transferred and redesignated as a new paragraph (g)

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of subsection (2) of section 119.071, Florida Statutes, and

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amended, and present paragraph (g) of subsection (2) of that

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section is amended, to read:

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     119.071  General exemptions from inspection or copying of

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public records.--

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     (2)  AGENCY INVESTIGATIONS.--

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     (g)1.a.(1) All complaints and other records in the custody

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of any agency in the executive branch of state government which

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relate to a complaint of discrimination relating to race, color,

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religion, sex, national origin, age, handicap, or marital status

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in connection with hiring practices, position classifications,

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salary, benefits, discipline, discharge, employee performance,

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evaluation, or other related activities are exempt from s.

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

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finding is made relating to probable cause, the investigation of

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the complaint becomes inactive, or the complaint or other record

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is made part of the official record of any hearing or court

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proceeding.

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     b. This provision shall not affect any function or activity

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of the Florida Commission on Human Relations.

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     c. Any state or federal agency that is authorized to have

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access to such complaints or records by any provision of law

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shall be granted such access in the furtherance of such agency's

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statutory duties.

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     2.(g) When the alleged victim chooses not to file a

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complaint and requests that records of the complaint remain

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confidential, all records relating to an allegation of employment

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discrimination are confidential and exempt from s. 119.07(1) and

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s. 24(a), Art. I of the State Constitution.

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     3. This paragraph is subject to the Open Government Sunset

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Review Act in accordance with s. 119.15 and shall stand repealed

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on October 2, 2013, unless reviewed and saved from repeal through

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reenactment by the Legislature.

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     Section 2. The Legislature finds that it is a public

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necessity that all complaints and other records in the custody of

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any agency which relate to a complaint of discrimination relating

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to race, color, religion, sex, national origin, age, handicap, or

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marital status in connection with hiring practices, position

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classifications, salary, benefits, discipline, discharge,

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employee performance, evaluation, or other related activities be

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made exempt from public-record requirements until a finding is

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made relating to probable cause, the investigation of the

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complaint becomes inactive, or the complaint or other record is

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made part of the official record of any hearing or court

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proceeding. This exemption is necessary because the release of

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such information could potentially be defamatory to an individual

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under investigation or cause unwarranted damage to the good name

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or reputation of such individual. In addition, the Legislature

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finds that it is a public necessity that such information be made

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temporarily exempt from public-record requirements so that the

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investigation is not otherwise significantly impaired. The

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exemption creates a secure environment in which an agency may

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conduct its investigation.

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     Section 3.  Paragraph (b) of subsection (2) of section

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338.223, Florida Statutes, is amended to read:

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     338.223  Proposed turnpike projects.--

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     (2)

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     (b)  In accordance with the legislative intent expressed in

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s. 337.273, and after the requirements of paragraph (1)(c) have

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been met, the department may acquire lands and property before

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making a final determination of the economic feasibility of a

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project. The requirements of paragraph (1)(c) do not apply to

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hardship and protective purchases of advance right-of-way by the

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department. The cost of advance acquisition of right-of-way may

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be paid from bonds issued under s. 337.276 or from turnpike

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revenues. For purposes of this paragraph, the term "hardship

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purchase" means purchase from a property owner of a residential

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dwelling of not more than four units who is at a disadvantage due

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to health impairment, job loss, or significant loss of rental

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income. For purposes of this paragraph, the term "protective

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purchase" means that a purchase to limit development, building,

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or other intensification of land uses within the area right-of-

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way is needed for transportation facilities. The department shall

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give written notice to the Department of Environmental Protection

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30 days before final agency acceptance as set forth in s.

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119.0711(2), which notice shall allow the Department of

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Environmental Protection to comment. Hardship and protective

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purchases of right-of-way shall not influence the environmental

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feasibility of a project, including the decision relative to the

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need to construct the project or the selection of a specific

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location. Costs to acquire and dispose of property acquired as

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hardship and protective purchases are considered costs of doing

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business for the department and are not to be considered in the

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determination of environmental feasibility for the project.

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     Section 4.  This act shall take effect upon becoming a law.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to public records; renumbering and

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amending s. 119.0711(1), F.S.; transferring provisions

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which provide a public-records exemption for complaints

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and other records in the custody of any agency in the

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executive branch of state government which relate to a

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complaint of discrimination; expanding the exemption to

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provide for applicability to any agency rather than any

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agency in the executive branch of state government;

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amending s. 119.071, F.S.; reorganizing provisions;

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providing for review and repeal of the exemption;

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providing a statement of public necessity; amending s.

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338.223, F.S.; conforming a cross-reference; providing an

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effective date.

3/24/2008  8:59:00 AM     590-05515-08