HB 7033

1	A bill to be entitled
2	An act relating to public records; renumbering and
3	amending s. 119.0711(1), F.S.; transferring provisions
4	which provide a public records exemption for complaints
5	and other records in the custody of any agency in the
6	executive branch of state government which relate to a
7	complaint of discrimination; expanding the exemption to
8	provide for applicability to any agency rather than any
9	agency in the executive branch of state government;
10	amending s. 119.071, F.S.; reorganizing provisions;
11	providing for review and repeal of the exemption;
12	providing a statement of public necessity; amending s.
13	338.223, F.S.; conforming a cross-reference; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (1) of section 119.0711, Florida
19	Statutes, is transferred and redesignated as a new paragraph (g)
20	of subsection (2) of section 119.071, Florida Statutes, and
21	amended, and present paragraph (g) of subsection (2) of that
22	section is amended, to read:
23	119.071  General exemptions from inspection or copying of
24	public records.--
25	(2)  AGENCY INVESTIGATIONS.--
26	(g)1.a.(1)  All complaints and other records in the custody
27	of any agency in the executive branch of state government which
28	relate to a complaint of discrimination relating to race, color,
29	religion, sex, national origin, age, handicap, or marital status
30	in connection with hiring practices, position classifications,
31	salary, benefits, discipline, discharge, employee performance,
32	evaluation, or other related activities are exempt from s.
33	119.07(1) and s. 24(a), Art. I of the State Constitution until a
34	finding is made relating to probable cause, the investigation of
35	the complaint becomes inactive, or the complaint or other record
36	is made part of the official record of any hearing or court
37	proceeding.
38	b.  This provision shall not affect any function or
39	activity of the Florida Commission on Human Relations.
40	c.  Any state or federal agency that is authorized to have
41	access to such complaints or records by any provision of law
42	shall be granted such access in the furtherance of such agency's
43	statutory duties.
44	2.(g)  When the alleged victim chooses not to file a
45	complaint and requests that records of the complaint remain
46	confidential, all records relating to an allegation of
47	employment discrimination are confidential and exempt from s.
48	119.07(1) and s. 24(a), Art. I of the State Constitution.
49	3.  This paragraph is subject to the Open Government Sunset
50	Review Act in accordance with s. 119.15 and shall stand repealed
51	on October 2, 2013, unless reviewed and saved from repeal
52	through reenactment by the Legislature.
53	Section 2.  The Legislature finds that it is a public
54	necessity that all complaints and other records in the custody
55	of any agency which relate to a complaint of discrimination
56	relating to race, color, religion, sex, national origin, age,
57	handicap, or marital status in connection with hiring practices,
58	position classifications, salary, benefits, discipline,
59	discharge, employee performance, evaluation, or other related
60	activities be made exempt from public record requirements until
61	a finding is made relating to probable cause, the investigation
62	of the complaint becomes inactive, or the complaint or other
63	record is made part of the official record of any hearing or
64	court proceeding. This exemption is necessary because the
65	release of such information could potentially be defamatory to
66	an individual under investigation or cause unwarranted damage to
67	the good name or reputation of such individual. In addition, the
68	Legislature finds that it is a public necessity that such
69	information be made temporarily exempt from public record
70	requirements so that the investigation is not otherwise
71	significantly impaired. The exemption creates a secure
72	environment in which an agency may conduct its investigation.
73	Section 3.  Paragraph (b) of subsection (2) of section
74	338.223, Florida Statutes, is amended to read:
75	338.223  Proposed turnpike projects.--
76	(2)
77	(b)  In accordance with the legislative intent expressed in
78	s. 337.273, and after the requirements of paragraph (1)(c) have
79	been met, the department may acquire lands and property before
80	making a final determination of the economic feasibility of a
81	project. The requirements of paragraph (1)(c) do not apply to
82	hardship and protective purchases of advance right-of-way by the
83	department. The cost of advance acquisition of right-of-way may
84	be paid from bonds issued under s. 337.276 or from turnpike
85	revenues. For purposes of this paragraph, the term "hardship
86	purchase" means purchase from a property owner of a residential
87	dwelling of not more than four units who is at a disadvantage
88	due to health impairment, job loss, or significant loss of
89	rental income. For purposes of this paragraph, the term
90	"protective purchase" means that a purchase to limit
91	development, building, or other intensification of land uses
92	within the area right-of-way is needed for transportation
93	facilities. The department shall give written notice to the
94	Department of Environmental Protection 30 days before final
95	agency acceptance as set forth in s. 119.0711(2), which notice
96	shall allow the Department of Environmental Protection to
97	comment. Hardship and protective purchases of right-of-way shall
98	not influence the environmental feasibility of a project,
99	including the decision relative to the need to construct the
100	project or the selection of a specific location. Costs to
101	acquire and dispose of property acquired as hardship and
102	protective purchases are considered costs of doing business for
103	the department and are not to be considered in the determination
104	of environmental feasibility for the project.
105	Section 4.  This act shall take effect upon becoming a law.

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