Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1464
       
       
       
       
       
       
                                Barcode 713512                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/01/2012           .                                
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       The Committee on Budget Subcommittee on Transportation, Tourism,
       and Economic Development Appropriations (Gaetz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 119.035, Florida Statutes, is created to
    6  read:
    7         119.035Officers-elect.—
    8         (1) It is the policy of this state that the provisions of
    9  this chapter apply to officers-elect upon their election to
   10  public office. Such officers-elect shall adopt and implement
   11  reasonable measures to ensure compliance with the public records
   12  obligations set forth in this chapter.
   13         (2) Public records of an officer-elect shall be maintained
   14  in accordance with the policies and procedures of the public
   15  office to which the officer has been elected.
   16         (3) If an officer-elect, individually or as part of a
   17  transition process, creates or uses an online or electronic
   18  communication or recordkeeping system, all public records
   19  maintained on such system shall be preserved so as not to impair
   20  the ability of the public to inspect or copy such public
   21  records.
   22         (4) Upon taking the oath of office, the officer-elect
   23  shall, as soon as practicable, deliver to the person or persons
   24  responsible for records and information management in such
   25  office all public records kept or received in the transaction of
   26  official business during the period following election to public
   27  office.
   28         (5) For the purpose of this section, the term “officers
   29  elect” means the Governor, the Lieutenant Governor, the Attorney
   30  General, the Chief Financial Officer, and the Commissioner of
   31  Agriculture.
   32         Section 2. Subsection (1) of section 286.011, Florida
   33  Statutes, is amended to read:
   34         286.011 Public meetings and records; public inspection;
   35  criminal and civil penalties.—
   36         (1) All meetings of any board or commission of any state
   37  agency or authority or of any agency or authority of any county,
   38  municipal corporation, or political subdivision, except as
   39  otherwise provided in the Constitution, including meetings with
   40  or attended by any person elected to such board or commission,
   41  but who has not yet taken office, at which official acts are to
   42  be taken are declared to be public meetings open to the public
   43  at all times, and no resolution, rule, or formal action shall be
   44  considered binding except as taken or made at such meeting. The
   45  board or commission must provide reasonable notice of all such
   46  meetings.
   47         Section 3. For the purpose of incorporating the amendment
   48  made by this act to section 286.011, Florida Statutes, in a
   49  reference thereto, paragraph (b) of subsection (8) of section
   50  112.3215, Florida Statutes, is reenacted to read:
   51         112.3215 Lobbying before the executive branch or the
   52  Constitution Revision Commission; registration and reporting;
   53  investigation by commission.—
   54         (8)
   55         (b) All proceedings, the complaint, and other records
   56  relating to the investigation are confidential and exempt from
   57  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   58  Constitution, and any meetings held pursuant to an investigation
   59  are exempt from the provisions of s. 286.011(1) and s. 24(b),
   60  Art. I of the State Constitution either until the alleged
   61  violator requests in writing that such investigation and
   62  associated records and meetings be made public or until the
   63  commission determines, based on the investigation, whether
   64  probable cause exists to believe that a violation has occurred.
   65         Section 4. This act shall take effect July 1, 2012.
   66  
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69  
   70         Delete everything before the enacting clause
   71  and insert:
   72                        A bill to be entitled                      
   73         An act relating to public records; creating s.
   74         119.035, F.S.; declaring that it is the policy of this
   75         state that the provisions of ch. 119, F.S., apply to
   76         certain constitutional officers upon their election to
   77         public office; requiring that such officers adopt and
   78         implement reasonable measures to ensure compliance
   79         with the public records obligations set forth in ch.
   80         119, F.S.; requiring that the public records of such
   81         officers be maintained in accordance with the policies
   82         and procedures of the public offices to which the
   83         officers have been elected; requiring that online and
   84         electronic communication and recordkeeping systems
   85         preserve the records on such systems so as to not
   86         impair the ability of the public to inspect or copy
   87         such public records; requiring that such officers, as
   88         soon as practicable upon taking the oath of office,
   89         deliver to the person or persons responsible for
   90         records and information management, all public records
   91         kept or received in the transaction of official
   92         business during the period following election to
   93         public office; defining the term “officers-elect” as
   94         used in s. 119.035, F.S.; amending s. 286.011, F.S.;
   95         revising public meeting requirements to apply the
   96         requirements to meetings with or attended by newly
   97         elected members of boards and commissions of any state
   98         agency or authority or of any agency of authority of
   99         any county, municipal corporation, or political
  100         subdivision; reenacting s. 112.3215(8)(b), F.S.,
  101         relating to lobbying before the executive branch or
  102         the Constitution Revision Commission, to incorporate
  103         the amendment made to s. 286.011, F.S., in a reference
  104         thereto; providing an effective date.