| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act; amending s. 112.324, F.S., which |
| 4 | provides an exemption from public records requirements for |
| 5 | complaints and related records held by the Commission on |
| 6 | Ethics or a Commission on Ethics and Public Trust |
| 7 | established by a county or municipality and an exemption |
| 8 | from public meetings requirements for proceedings |
| 9 | conducted by such commissions pursuant to a complaint or |
| 10 | preliminary investigation; reorganizing the exemption; |
| 11 | removing the scheduled repeal of the exemption; providing |
| 12 | an effective date. |
| 13 |
|
| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
|
| 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 are confidential and exempt |
| 25 | from the provisions of s. 119.07(1) and s. 24(a), Art. I of the |
| 26 | State Constitution., and |
| 27 | (b) Any proceeding conducted by the commission or a |
| 28 | Commission on Ethics and Public Trust, pursuant to a complaint |
| 29 | or preliminary investigation, is exempt from the provisions of |
| 30 | s. 286.011, s. 24(b), Art. I of the State Constitution, and s. |
| 31 | 120.525., |
| 32 | (c) The exemptions in paragraphs (a) and (b) apply until |
| 33 | the complaint is dismissed as legally insufficient, until the |
| 34 | alleged violator requests in writing that such records and |
| 35 | proceedings be made public, or until the commission or a |
| 36 | Commission on Ethics and Public Trust determines, based on such |
| 37 | investigation, whether probable cause exists to believe that a |
| 38 | violation has occurred. In no event shall a complaint under this |
| 39 | part against a candidate in any general, special, or primary |
| 40 | election be filed or any intention of filing such a complaint be |
| 41 | disclosed on the day of any such election or within the 5 days |
| 42 | immediately preceding the date of the election. |
| 43 | (b) Paragraph (a) is subject to the Open Government Sunset |
| 44 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 45 | on October 2, 2010, unless reviewed and saved from repeal |
| 46 | through reenactment by the Legislature. |
| 47 | Section 2. This act shall take effect October 1, 2010. |