| 1 | A bill to be entitled |
| 2 | An act relating to public records and meetings; amending |
| 3 | s. 112.324, F.S.; revising an exemption from public-record |
| 4 | and public-meeting requirements which is provided for |
| 5 | complaints and related records in the custody of and |
| 6 | proceedings conducted by a county that has established a |
| 7 | local investigatory process to enforce more stringent |
| 8 | standards of conduct and disclosure requirements; |
| 9 | providing for future repeal and legislative review under |
| 10 | the Open Government Sunset Review Act of revisions to the |
| 11 | exemption; providing a statement of public necessity; |
| 12 | providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (a) of subsection (2) of section |
| 17 | 112.324, Florida Statutes, is amended to read: |
| 18 | 112.324 Procedures on complaints of violations; public |
| 19 | records and meeting exemptions.-- |
| 20 | (2)(a) The complaint and records relating to the complaint |
| 21 | or to any preliminary investigation held by the commission or |
| 22 | its agents, or by a Commission on Ethics and Public Trust |
| 23 | established by any county defined in s. 125.011(1), by any |
| 24 | county that has established a local investigatory process, or by |
| 25 | any municipality defined in s. 165.031 are confidential and |
| 26 | exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I |
| 27 | of the State Constitution, and any proceeding conducted by the |
| 28 | commission, or a Commission on Ethics and Public Trust, or a |
| 29 | county that has established a local investigatory process to |
| 30 | enforce more stringent standards of conduct and disclosure |
| 31 | requirements as provided in s. 112.326 pursuant to a complaint |
| 32 | or preliminary investigation, is exempt from the provisions of |
| 33 | s. 286.011, s. 24(b), Art. I of the State Constitution, and s. |
| 34 | 120.525, until the complaint is dismissed as legally |
| 35 | insufficient, until the alleged violator requests in writing |
| 36 | that such records and proceedings be made public, or until the |
| 37 | commission, or a Commission on Ethics and Public Trust, or the |
| 38 | county that has established a local investigatory process to |
| 39 | enforce more stringent standards of conduct and disclosure |
| 40 | requirements as provided in s. 112.326 determines, based on such |
| 41 | investigation, whether probable cause exists to believe that a |
| 42 | violation has occurred. In no event shall a complaint under this |
| 43 | part against a candidate in any general, special, or primary |
| 44 | election be filed or any intention of filing such a complaint be |
| 45 | disclosed on the day of any such election or within the 5 days |
| 46 | immediately preceding the date of the election. |
| 47 | Section 2. Paragraph (a) of subsection (2) of section |
| 48 | 112.324, Florida Statutes, as amended by this act, is subject to |
| 49 | the Open Government Sunset Review Act in accordance with s. |
| 50 | 119.15, Florida Statutes, and shall stand repealed on October 2, |
| 51 | 2014, unless reviewed and saved from repeal through reenactment |
| 52 | by the Legislature. |
| 53 | Section 3. The Legislature finds that it is a public |
| 54 | necessity that all complaints and related records in the custody |
| 55 | of a county that has established a local investigatory process |
| 56 | to enforce more stringent standards of conduct and disclosure |
| 57 | requirements as provided in s. 112.326, Florida Statutes, which |
| 58 | relate to a complaint of a local ethics violation be exempted |
| 59 | from public-record and public-meeting requirements until the |
| 60 | complaint is dismissed as legally insufficient, until the |
| 61 | alleged violator requests in writing that such records and |
| 62 | proceedings be made public, or until it is determined, based on |
| 63 | the investigation, whether probable cause exists to believe that |
| 64 | a violation has occurred. This exemption is necessary because |
| 65 | the release of such information could potentially be defamatory |
| 66 | to an individual under investigation, cause unwarranted damage |
| 67 | to the good name or reputation of such individual, or |
| 68 | significantly impair the investigation. The exemption creates a |
| 69 | secure environment in which a county may conduct its |
| 70 | investigation. |
| 71 | Section 4. This act shall take effect July 1, 2009. |