| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act; amending s. 1005.38, F.S., which |
| 4 | provides an exemption from public records requirements for |
| 5 | investigatory records held by the Commission for |
| 6 | Independent Education and an exemption from public |
| 7 | meetings requirements for a probable cause panel wherein |
| 8 | exempt information is discussed; reorganizing the |
| 9 | exemption; requiring a recording for any portion of a |
| 10 | closed meeting of a probable cause panel; providing a |
| 11 | public records exemption for the recording of a closed |
| 12 | meeting of a probable cause panel and the minutes and |
| 13 | findings of the meeting; providing for limited duration of |
| 14 | the exemption; providing for future legislative review and |
| 15 | repeal of the exemptions; providing a statement of public |
| 16 | necessity; providing an 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. Paragraph (b) of subsection (6) of section |
| 21 | 1005.38, Florida Statutes, is amended to read: |
| 22 | 1005.38 Actions against a licensee and other penalties.- |
| 23 | (6) The commission may conduct disciplinary proceedings |
| 24 | through an investigation of any suspected violation of this |
| 25 | chapter or any rule of the commission, including a finding of |
| 26 | probable cause and making reports to any law enforcement agency |
| 27 | or regulatory agency. |
| 28 | (b)1. All investigatory records held by the commission in |
| 29 | conjunction with an investigation conducted pursuant to this |
| 30 | subsection, including minutes and findings of an exempt probable |
| 31 | cause panel meeting convened in conjunction with such |
| 32 | investigation, are exempt from s. 119.07(1) and s. 24(a), Art. I |
| 33 | of the State Constitution for a period not to exceed 10 days |
| 34 | after the panel makes a determination regarding probable cause. |
| 35 | 2.a. Those portions of meetings of the probable cause |
| 36 | panel at which records made exempt pursuant to subparagraph 1. |
| 37 | are discussed are exempt from s. 286.011 and s. 24(b), Art. I of |
| 38 | the State Constitution. The closed portion of a meeting must be |
| 39 | recorded and no portion of the closed meeting may be off the |
| 40 | record. The recording shall be maintained by the commission. |
| 41 | b. The recording of a closed portion of a meeting and the |
| 42 | minutes and findings of such meeting are exempt from s. |
| 43 | 119.07(1) and s. 24(a), Art. I of the State Constitution for a |
| 44 | period not to exceed 10 days after the panel makes a |
| 45 | determination regarding probable cause. |
| 46 | 3. This paragraph is subject to the Open Government Sunset |
| 47 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 48 | on October 2, 2015 2010, unless reviewed and saved from repeal |
| 49 | through reenactment by the Legislature. |
| 50 | Section 2. The Legislature finds that it is a public |
| 51 | necessity to make exempt from public records requirements |
| 52 | recordings of any portion of a closed meeting of a probable |
| 53 | cause panel of the Commission for Independent Education and the |
| 54 | minutes and findings of the meeting. Release of such recordings, |
| 55 | minutes, or findings would compromise those discussions of the |
| 56 | commission members which took place during a closed meeting, |
| 57 | thus negating the public meetings exemption. In addition, the |
| 58 | temporary nature of the public records exemption for the |
| 59 | recording of a closed meeting of the probable cause panel |
| 60 | ensures that public oversight is provided. |
| 61 | Section 3. This act shall take effect October 1, 2010. |