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| 36 | audit or investigation is no longer active.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| 38 | Review Act in accordance with s. 119.15 and shall stand repealed |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