HB 727

1	A bill to be entitled
2	An act relating to public records and public meetings;
3	creating s. 112.823, F.S.; providing an exemption from
4	public records requirements for a disciplinary complaint
5	filed against a firefighter and the investigative records
6	related to the complaint; providing an exemption from
7	public meeting requirements for proceedings or meetings,
8	or any portion of a proceeding or meeting, at which such
9	confidential and exempt information is presented or
10	discussed; providing for limited duration of the
11	exemptions; providing for review and repeal of the
12	exemption; providing a statement of public necessity;
13	providing a contingent effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 112.823, Florida Statutes, is created
18	to read:
19	112.823  Disciplinary complaints against firefighters;
20	public records exemption; public meeting exemption.--
21	(1)(a)  A disciplinary complaint filed against a
22	firefighter and the investigative records related to the
23	complaint are confidential and exempt from s. 119.07(1) and s.
24	24(a), Art. I of the State Constitution; and
25	(b)  All proceedings or meetings, including any informal
26	inquiry, formal investigation, interrogation, or administrative
27	proceeding, or any portion of a proceeding or meeting, at which
28	information made confidential and exempt pursuant to paragraph
29	(a) is presented or discussed are exempt from s. 286.011 and s.
30	24(b), Art. I of the State Constitution,
31
32	either until the firefighter who is the subject of the complaint
33	requests in writing that such investigation and associated
34	records and meetings be made public or until such time as a
35	final determination of whether or not to issue a notice of
36	disciplinary action under s. 112.825, consisting of suspension
37	with loss of pay, demotion, or dismissal, is made.
38	(2)  This section is subject to the Open Government Sunset
39	Review Act in accordance with s. 119.15 and shall stand repealed
40	on October 2, 2014, unless reviewed and saved from repeal
41	through reenactment by the Legislature.
42	Section 2.  It is the finding of the Legislature that it is
43	a public necessity that a disciplinary complaint filed against a
44	firefighter and the investigative records related to the
45	complaint should be made confidential and exempt from public
46	records requirements, and that a proceeding or meeting,
47	including any informal inquiry, formal investigation,
48	interrogation, or administrative proceeding, or any portion of a
49	proceeding or meeting, at which such confidential and exempt
50	information is presented or discussed should be made
51	confidential and exempt from public meeting requirements, either
52	until the firefighter who is the subject of the complaint
53	requests in writing that such investigation and associated
54	records and meetings be made public or until such time as a
55	final determination of whether or not to issue a notice of
56	disciplinary action, consisting of suspension with loss of pay,
57	demotion, or dismissal, is made. These temporary exemptions from
58	public records and public meeting requirements are necessary
59	because the release of such information could potentially be
60	defamatory to a firefighter under investigation or cause
61	unwarranted damage to his or her good name and reputation. The
62	exemptions minimize the possible compromise of an investigation
63	and the disclosure of potentially inaccurate information that
64	could impede the investigatory process. Also, untimely or
65	inappropriate disclosure of information in an investigation has
66	the potential to jeopardize another related investigation should
67	one exist. The exemptions create a secure environment in which
68	an investigation can be conducted in an effective and efficient
69	manner and preclude an unwarranted invasion into the personal
70	privacy of the firefighter and others involved. It is the
71	further finding of the Legislature that, without the temporary
72	exemption from public meeting requirements, the release of
73	confidential and exempt information that could occur in a public
74	meeting or proceeding would defeat the purpose of the public
75	records exemption. Additionally, it is the finding of the
76	Legislature that any harm caused by the temporary withholding of
77	such information outweighs any public benefit derived from its
78	release.
79	Section 3.  This act shall take effect on the same date
80	that HB 725 or similar legislation takes effect, if such
81	legislation is adopted in the same legislative session or an
82	extension thereof and becomes law.

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