| 1 | A bill to be entitled |
| 2 | An act relating to public records and meetings; providing |
| 3 | an exemption from public-records requirements for a |
| 4 | determination by the Commission on Ethics regarding an |
| 5 | information or a written referral of an alleged violation |
| 6 | of part III of ch. 112, F.S., the Code of Ethics for |
| 7 | Public Officers and Employees; providing an exemption from |
| 8 | public-meetings requirements for any proceeding conducted |
| 9 | by the commission or a local Commission on Ethics and |
| 10 | Public Trust pursuant to such information or referral; |
| 11 | authorizing the commission and its staff to share |
| 12 | investigative information with criminal investigative |
| 13 | agencies; providing for review and repeal of the |
| 14 | exemptions under the Open Government Sunset Review Act; |
| 15 | providing a statement of public necessity; providing a |
| 16 | contingent effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (2) of section 112.324, Florida |
| 21 | Statutes, is amended to read: |
| 22 | 112.324 Procedures on complaints of violations; public |
| 23 | records and meeting exemptions.- |
| 24 | (2)(a) The complaint and records relating to the complaint |
| 25 | or to any preliminary investigation or the commission's |
| 26 | determination regarding the information or the referral, as |
| 27 | provided in this section, held by the commission or its agents |
| 28 | or by a Commission on Ethics and Public Trust established by any |
| 29 | county defined in s. 125.011(1) or by any municipality defined |
| 30 | in s. 165.031 are confidential and exempt from the provisions of |
| 31 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution, and |
| 32 | any proceeding conducted by the commission or a Commission on |
| 33 | Ethics and Public Trust, pursuant to a complaint, information, |
| 34 | or referral as provided in this section, or preliminary |
| 35 | investigation, is exempt from the provisions of s. 286.011, s. |
| 36 | 24(b), Art. I of the State Constitution, and s. 120.525, until |
| 37 | the complaint is dismissed as legally insufficient, until the |
| 38 | alleged violator requests in writing that such records and |
| 39 | proceedings be made public, until the commission determines that |
| 40 | it will not investigate the complaint or referral, or until the |
| 41 | commission or a Commission on Ethics and Public Trust |
| 42 | determines, based on such investigation, whether probable cause |
| 43 | exists to believe that a violation has occurred. The |
| 44 | confidentiality requirements of this subsection do not prohibit |
| 45 | the commission or its staff from sharing investigative |
| 46 | information with criminal investigative agencies. In no event |
| 47 | shall A complaint under this part against a candidate in any |
| 48 | general, special, or primary election may not be filed or any |
| 49 | intention of filing such a complaint may not be disclosed on the |
| 50 | day of any such election or within the 5 days immediately |
| 51 | preceding the date of the election. |
| 52 | (b) Paragraph (a) is subject to the Open Government Sunset |
| 53 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 54 | on October 2, 2015 2010, unless reviewed and saved from repeal |
| 55 | through reenactment by the Legislature. |
| 56 | Section 2. The Legislature finds it a public necessity |
| 57 | that the information or referral of an alleged violation of part |
| 58 | III of chapter 112, Florida Statutes, the Code of Ethics for |
| 59 | Public Officers and Employees, be held confidential and exempt |
| 60 | from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of |
| 61 | the State Constitution until the information or referral is |
| 62 | dismissed as legally insufficient, until the alleged violator |
| 63 | requests in writing that such records and proceedings be made |
| 64 | public, until the Commission on Ethics determines that it will |
| 65 | not investigate the complaint or referral, or until the |
| 66 | commission or a Commission on Ethics and Public Trust |
| 67 | determines, based on such investigation, whether probable cause |
| 68 | exists to believe that a violation has occurred. This exemption |
| 69 | is necessary because the release of such information could |
| 70 | potentially be defamatory to an individual under investigation |
| 71 | or cause unwarranted damage to the good name or reputation of |
| 72 | such individual. In addition, the Legislature finds it a public |
| 73 | necessity that any proceeding conducted by a county or municipal |
| 74 | Commission on Ethics and Public Trust pursuant to an information |
| 75 | or referral be exempt from s. 286.011, Florida Statutes, s. |
| 76 | 24(b), Article I of the State Constitution, and s. 120.525, |
| 77 | Florida Statutes, so that the administration of such proceeding |
| 78 | is not otherwise significantly impaired. The exemption of these |
| 79 | proceedings from public-meetings requirements minimizes the |
| 80 | possibility of unnecessary scrutiny by the public or media of |
| 81 | individuals under investigation and their families. Furthermore, |
| 82 | the Legislature has already recognized the importance of the |
| 83 | aforementioned public-records and public-meetings exemptions by |
| 84 | exempting the records and meetings of the state Commission on |
| 85 | Ethics and those of a Commission on Ethics and Public Trust |
| 86 | formed by a county or municipality. |
| 87 | Section 3. This act shall take effect July 1, 2010, only |
| 88 | if House Bill 1421 or similar legislation is adopted in the same |
| 89 | legislative session or an extension thereof and becomes law. |