Florida Senate - 2013                             CS for SB 1318
       
       
       
       By the Committee on Ethics and Elections; and Senator Soto
       
       
       
       
       582-03327-13                                          20131318c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         record requirements for a complaint of misconduct
    5         filed with an agency against an agency employee and
    6         all information obtained pursuant to an investigation
    7         of the complaint by the agency; providing for limited
    8         duration of the exemption; providing for future review
    9         and repeal of the exemption under the Open Government
   10         Sunset Review Act; providing a statement of public
   11         necessity; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (k) is added to subsection (2) of
   16  section 119.071, Florida Statutes, to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (2) AGENCY INVESTIGATIONS.—
   20         (k)1. A complaint of misconduct filed with an agency
   21  against an agency employee and all information obtained pursuant
   22  to an investigation by the agency of the complaint of misconduct
   23  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   24  I of the State Constitution until the investigation ceases to be
   25  active, or until the agency provides written notice to the
   26  employee who is the subject of the complaint, either personally
   27  or by mail, that the agency has either:
   28         a. Concluded the investigation with a finding not to
   29  proceed with disciplinary action or file charges; or
   30         b. Concluded the investigation with a finding to proceed
   31  with disciplinary action or file charges.
   32         2. Subparagraph 1. is subject to the Open Government Sunset
   33  Review Act in accordance with s. 119.15 and shall stand repealed
   34  on October 2, 2018, unless reviewed and saved from repeal
   35  through reenactment by the Legislature.
   36         Section 2. The Legislature finds that it is a public
   37  necessity that a complaint of misconduct filed with an agency
   38  against an agency employee and all information obtained pursuant
   39  to an investigation by the agency of the complaint of misconduct
   40  be made confidential and exempt from the requirements of s.
   41  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   42  State Constitution. The disclosure of information, such as the
   43  nature of the complaint against an agency employee and testimony
   44  and evidence given in the investigation of the complaint, could
   45  injure an individual and deter that person from providing
   46  information pertaining to internal investigations, thus
   47  impairing the ability of an agency to conduct an investigation
   48  that is fair and reasonable. In the performance of its lawful
   49  duties and responsibilities, an agency may need to obtain
   50  information for the purpose of determining an administrative
   51  action. Without an exemption from public record requirements to
   52  protect information of a sensitive personal nature provided to
   53  an agency in the course of an internal investigation, such
   54  information becomes a public record when received and must be
   55  divulged upon request. Disclosure of information obtained during
   56  an internal investigation conducted by an agency inhibits
   57  voluntary participation of individuals during internal
   58  investigations and makes it difficult if not impossible to
   59  determine the truth. Therefore, the Legislature declares that it
   60  is a public necessity that a complaint of misconduct filed with
   61  an agency against an agency employee and all information
   62  obtained pursuant to an investigation by the agency of the
   63  complaint of misconduct be held confidential and exempt from
   64  public record requirements.
   65         Section 3. This act shall take effect July 1, 2013.