HB 667

1
A bill to be entitled
2An act relating to public records; amending s. 119.0713,
3F.S.; providing an exemption from public records
4requirements for information received, produced, or
5derived as the result of an investigation conducted by an
6inspector general on behalf of a unit of local government;
7providing for limited duration of the exemption;
8specifying when investigative and audit reports of an
9inspector general become final; providing for future
10review and repeal of the exemption; providing a statement
11of public necessity; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (2) of section 119.0713, Florida
16Statutes, is amended to read:
17     119.0713  Local government agency exemptions from
18inspection or copying of public records.-
19     (2)(a)  The audit report of an internal auditor and the
20investigative and audit reports of an inspector general prepared
21for or on behalf of a unit of local government become becomes a
22public record when the audit or investigation becomes final. As
23used in this subsection, the term "unit of local government"
24means a county, municipality, special district, local agency,
25authority, consolidated city-county government, or any other
26local governmental body or public body corporate or politic
27authorized or created by general or special law. An audit or
28investigation becomes final when the audit or investigative
29report is presented to the unit of local
30workpapers and notes related to such audit
31information received, produced, or derived as the
32investigation conducted by an inspector general are confidential
33and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
34Constitution until the audit or investigation is completed and
35the audit or investigative report becomes final, or when the
36audit or investigation is no longer active.
37     (b)  Paragraph (a) is subject to the Open Government Sunset
38Review Act in accordance with s. 119.15 and shall stand repealed
39on October 2, 2016, unless reviewed and saved from repeal
40through reenactment by the Legislature.
41     Section 2.  The Legislature finds that it is a public
42necessity that all investigative and audit reports, including
43audit workpapers and notes related to such audit, and
44information received, produced, or derived as the result of an
45investigation conducted by an inspector general, prepared for or
46on behalf of a unit of local government in a county or
47municipality that has established a local investigatory process
48to enforce more stringent standards of conduct and disclosure
49requirements as provided in s. 112.326, Florida Statutes, be
50made exempt from public record requirements until the audit or
51investigation is completed and the audit or investigative report
52becomes final, or when the audit or investigation is no longer
53active. This exemption is necessary because the release of such
54information could potentially be defamatory to an individual
55under investigation, cause unwarranted damage to the good name
56or reputation of the individual, or significantly impair the
57investigation. The exemption creates a secure environment in
58which an inspector general may conduct an investigation.
59     Section 3.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.