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A bill to be entitled

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An act relating to public records; repealing ss.

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119.0711(1) and 119.0713, F.S., relating to complaints and

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records in the custody of an agency and to complaints and

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records in the custody of any unit of local government,

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respectively, concerning discrimination complaints

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relating to race, color, religion, sex, national origin,

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age, handicap, or marital status; amending s. 119.071,

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F.S.; expanding the public-records exemption for

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discrimination complaints to apply to any agency governed

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by ch. 119, F.S.; providing that records of discrimination

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complaints held by an agency are exempt from public

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disclosure until a probable cause finding is made, the

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investigation becomes inactive, or the complaint is made

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part of the official record of a proceeding or court

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hearing; providing exceptions; providing that if the

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alleged victim chooses not to file a complaint and

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requests that records of the complaint remain

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confidential, all records relating to an allegation of

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employment discrimination are confidential; amending s.

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

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future legislative review and repeal of the exemption

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under the Open Government Sunset Review Act; providing a

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statement of public necessity; providing an effective

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date.

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

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

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Statutes, and subsection (1) of section 119.0713, Florida

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Statutes, are repealed.

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     Section 2.  Paragraph (k) is added to subsection (2) of

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section 119.071, Florida Statutes, 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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     (k)1. All complaints and other records in the custody of an

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agency which relate to a complaint of discrimination relating to

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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 or

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in the sale or rental of housing, the provision of brokerage

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services, or the financing of housing 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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     2. This paragraph does not affect any function or activity

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of the Florida Commission on Human Relations.

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     3. A state or federal agency that is authorized to have

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access to such discrimination complaints or records by any

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provision of law shall be granted such access in furtherance of

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the agency's statutory duties.

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     4. If the alleged victim chooses not to file a complaint

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and requests that records of the complaint remain confidential,

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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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     5. This subsection does not modify or repeal any special or

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local act.

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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 s. 119.0711(2), which notice shall allow the Department

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of 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. Paragraph (k) of subsection (2) of s. 119.071,

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Florida Statutes, is subject to the Open Government Sunset Review

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Act in accordance with s. 119.15, Florida Statutes, and shall

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stand repealed on October 2, 2013, unless reviewed and saved from

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repeal through reenactment by the Legislature.

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     Section 5. The Legislature finds that it is a public

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necessity that complaints and other records held by an agency

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which relate to complaints of discrimination be exempt from s.

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119.07(1), Florida Statutes, and s. 24(a), Art. I of the State

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Constitution until a finding is made relating to probable cause,

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the investigation of the complaint becomes inactive, or the

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complaint or other record is made part of the official record of

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any hearing or court proceeding. Otherwise, using the public-

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records law, an employee under investigation could request, and

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the agency would have no alternative but to produce, sensitive

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investigatory documents. The protection and confidentiality of

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witness' identities is very important in discrimination and

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harassment investigations.

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     Section 6.  This act shall take effect July 1, 2008.