Florida Senate - 2015                   (PROPOSED BILL) SPB 7004
       
       
        
       FOR CONSIDERATION By the Committee on Higher Education
       
       
       
       
       
       589-00456-15                                          20157004pb
    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., relating
    4         to exemptions from public records and meeting
    5         requirements for investigatory records held by and
    6         portions of meetings conducted by the Commission for
    7         Independent Education in disciplinary proceedings;
    8         saving the exemptions from repeal under the Open
    9         Government Sunset Review Act; providing an effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (b) of subsection (6) of section
   15  1005.38, Florida Statutes, is amended to read:
   16         1005.38 Actions against a licensee and other penalties.—
   17         (6) The commission may conduct disciplinary proceedings
   18  through an investigation of any suspected violation of this
   19  chapter or any rule of the commission, including a finding of
   20  probable cause and making reports to any law enforcement agency
   21  or regulatory agency.
   22         (b)1. All investigatory records held by the commission in
   23  conjunction with an investigation conducted pursuant to this
   24  subsection are exempt from s. 119.07(1) and s. 24(a), Art. I of
   25  the State Constitution for a period not to exceed 10 days after
   26  the panel makes a determination regarding probable cause.
   27         2.a. Those portions of meetings of the probable cause panel
   28  at which records made exempt pursuant to subparagraph 1. are
   29  discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
   30  State Constitution. The closed portion of a meeting must be
   31  recorded and no portion of the closed meeting may be off the
   32  record. The recording shall be maintained by the commission.
   33         b. The recording of a closed portion of a meeting and the
   34  minutes and findings of such meeting are exempt from s.
   35  119.07(1) and s. 24(a), Art. I of the State Constitution for a
   36  period not to exceed 10 days after the panel makes a
   37  determination regarding probable cause.
   38         3. This paragraph is subject to the Open Government Sunset
   39  Review Act in accordance with s. 119.15 and shall stand repealed
   40  on October 2, 2015, unless reviewed and saved from repeal
   41  through reenactment by the Legislature.
   42         Section 2. This act shall take effect July 1, 2015.