| 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 or municipality that has |
| 7 | established a local investigatory process to enforce more |
| 8 | stringent standards of conduct and disclosure |
| 9 | requirements; providing for future repeal and legislative |
| 10 | review under the Open Government Sunset Review Act of |
| 11 | revisions to the exemption; providing a statement of |
| 12 | public necessity; 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. Subsection (2) of section 112.324, Florida |
| 17 | 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) or by any |
| 24 | municipality defined in s. 165.031, or by any county or |
| 25 | municipality that has established a local investigatory process |
| 26 | to enforce more stringent standards of conduct and disclosure |
| 27 | requirements as provided in s. 112.326 are confidential and |
| 28 | exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I |
| 29 | of the State Constitution., and |
| 30 | (b) Any proceeding conducted by the commission, or a |
| 31 | Commission on Ethics and Public Trust, or a county or |
| 32 | municipality that has established such local investigatory |
| 33 | process, pursuant to a complaint or preliminary investigation, |
| 34 | is exempt from the provisions of s. 286.011, s. 24(b), Art. I of |
| 35 | the State Constitution, and s. 120.525., |
| 36 | (c) The exemptions apply until the complaint is dismissed |
| 37 | as legally insufficient, until the alleged violator requests in |
| 38 | writing that such records and proceedings be made public, or |
| 39 | until the commission, or a Commission on Ethics and Public |
| 40 | Trust, or a county or municipality that has established such |
| 41 | local investigatory process determines, based on such |
| 42 | investigation, whether probable cause exists to believe that a |
| 43 | violation has occurred. In no event shall a complaint under this |
| 44 | part against a candidate in any general, special, or primary |
| 45 | election be filed or any intention of filing such a complaint be |
| 46 | disclosed on the day of any such election or within the 5 days |
| 47 | immediately preceding the date of the election. |
| 48 | (d)(b) This subsection Paragraph (a) is subject to the |
| 49 | Open Government Sunset Review Act in accordance with s. 119.15 |
| 50 | and shall stand repealed on October 2, 2015 2010, unless |
| 51 | reviewed and saved from repeal through reenactment by the |
| 52 | Legislature. |
| 53 | Section 2. The Legislature finds that it is a public |
| 54 | necessity that all complaints and related records in the custody |
| 55 | of a county or municipality that has established a local |
| 56 | investigatory process to enforce more stringent standards of |
| 57 | conduct and disclosure requirements as provided in s. 112.326, |
| 58 | Florida Statutes, which relate to a complaint of a local ethics |
| 59 | violation be exempted from public-record and public-meeting |
| 60 | requirements until the complaint is dismissed as legally |
| 61 | insufficient, until the alleged violator requests in writing |
| 62 | that such records and proceedings be made public, or until it is |
| 63 | determined, based on the investigation, whether probable cause |
| 64 | exists to believe that a violation has occurred. This exemption |
| 65 | is necessary because the release of such information could |
| 66 | potentially be defamatory to an individual under investigation, |
| 67 | cause unwarranted damage to the good name or reputation of such |
| 68 | individual, or significantly impair the investigation. The |
| 69 | exemption creates a secure environment in which a county or |
| 70 | municipality may conduct its investigation. |
| 71 | Section 3. This act shall take effect July 1, 2010. |