Florida Senate - 2018                                    SB 1916
       
       
        
       By Senator Book
       
       
       
       
       
       32-02680A-18                                          20181916__
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         amending s. 112.324, F.S.; providing an exception to
    4         the expiration of certain public records and public
    5         meetings exemptions under specified circumstances;
    6         prohibiting the disclosure of the personal identifying
    7         information of an alleged victim of sexual harassment
    8         or sexual misconduct, or information that could assist
    9         an individual in determining the identity of such
   10         alleged victim, in any portion of a proceeding
   11         conducted by the Commission on Ethics, a commission on
   12         ethics and public trust, or a county or a municipality
   13         that has established a local investigatory process
   14         which is open to the public; providing for future
   15         legislative review and repeal; amending s. 119.071,
   16         F.S.; providing an exemption from public records
   17         requirements for complaints, referrals, and reports
   18         alleging sexual harassment or sexual misconduct, and
   19         any related records, which are held by an agency;
   20         specifying conditions upon which the exemption
   21         expires; providing that the personal identifying
   22         information of an alleged victim of sexual harassment
   23         or sexual misconduct, or information that could assist
   24         an individual in determining the identity of such
   25         alleged victim, remains confidential and exempt from
   26         public records requirements; authorizing disclosure
   27         under specified circumstances; providing for future
   28         legislative review and repeal; amending s. 286.0113,
   29         F.S.; providing an exemption from public meetings
   30         requirements for any portion of a meeting that would
   31         reveal records involving an allegation of sexual
   32         harassment or sexual misconduct made confidential and
   33         exempt under the act; specifying conditions upon which
   34         the exemption expires; prohibiting the disclosure of
   35         the personal identifying information of an alleged
   36         victim of sexual harassment or sexual misconduct, or
   37         information that could assist an individual in
   38         determining the identity of such alleged victim, in
   39         any portion of a meeting open to the public; providing
   40         for future legislative review and repeal; providing
   41         statements of public necessity; providing an effective
   42         date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Present paragraphs (f) and (g) of subsection (2)
   47  of section 112.324, Florida Statutes, are redesignated as
   48  paragraphs (g) and (h), respectively, paragraph (e) of that
   49  subsection is amended, and a new paragraph (f) is added to that
   50  subsection, to read:
   51         112.324 Procedures on complaints of violations and
   52  referrals; public records and meeting exemptions.—
   53         (2)
   54         (e) The exemptions in paragraphs (a)-(d) apply until:
   55         1. The complaint is dismissed as legally insufficient;
   56         2. Except in connection with complaints or referrals that
   57  involve allegations of sexual harassment, sexual favors, or
   58  sexual misconduct, the alleged violator requests in writing that
   59  such records and proceedings be made public;
   60         3. The commission determines that it will not investigate
   61  the referral; or
   62         4. The commission, a commission on ethics and public trust,
   63  or a county or municipality that has established such local
   64  investigatory process determines, based on such investigation,
   65  whether probable cause exists to believe that a violation has
   66  occurred.
   67         (f) Notwithstanding paragraph (e), the personal identifying
   68  information of an alleged victim of sexual harassment or sexual
   69  misconduct or any information that could assist an individual in
   70  determining the identity of such alleged victim remains
   71  confidential and exempt as provided under s. 119.071(2)(n)3. and
   72  may not be disclosed in a portion of a proceeding conducted by
   73  the commission, a commission on ethics and public trust, or a
   74  county or municipality that has established such local
   75  investigatory process which is open to the public. This
   76  paragraph is subject to the Open Government Sunset Review Act in
   77  accordance with s. 119.15 and shall stand repealed on October 2,
   78  2023, unless reviewed and saved from repeal through reenactment
   79  by the Legislature.
   80         Section 2. Paragraph (n) of subsection (2) of section
   81  119.071, Florida Statutes, is amended to read:
   82         119.071 General exemptions from inspection or copying of
   83  public records.—
   84         (2) AGENCY INVESTIGATIONS.—
   85         (n)1.Complaints, referrals, and reports that allege sexual
   86  harassment or sexual misconduct, including allegations of sexual
   87  harassment or sexual misconduct in violation of part III of
   88  chapter 112, and any related records that are held by an agency
   89  are Personal identifying information of the alleged victim in an
   90  allegation of sexual harassment is confidential and exempt from
   91  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   92  Such information may be disclosed to another governmental entity
   93  in the furtherance of its official duties and responsibilities.
   94         2. Except as provided in subparagraph 3., the exemption in
   95  subparagraph 1. applies until:
   96         a. The agency determines that it will not investigate the
   97  allegation;
   98         b. The agency takes disciplinary action against the subject
   99  of the allegation and determines that it will take no further
  100  action in the matter; or
  101         c. A finding is made as to whether probable cause exists.
  102         3. Notwithstanding the release of any record pursuant to
  103  subparagraph 2., any personal identifying information of an
  104  alleged victim, or any information that could assist an
  105  individual in determining the identity of such alleged victim,
  106  shall remain confidential and exempt from s. 119.07(1) and s.
  107  24(a), Art. I of the State Constitution. Such information may be
  108  disclosed to another governmental entity in the furtherance of
  109  the agency’s official duties and responsibilities or to the
  110  parties to the allegation and their attorneys.
  111         4. This paragraph is subject to the Open Government Sunset
  112  Review Act in accordance with s. 119.15 and shall stand repealed
  113  on October 2, 2023 2022, unless reviewed and saved from repeal
  114  through reenactment by the Legislature.
  115         Section 3. Subsection (3) is added to section 286.0113,
  116  Florida Statutes, to read:
  117         286.0113 General exemptions from public meetings.—
  118         (3)(a)Any portion of a meeting that would reveal any
  119  records involving an allegation of sexual harassment or sexual
  120  misconduct which are made confidential and exempt by s.
  121  119.071(2)(n)1. is exempt from s. 286.011 and s. 24(b), Art. I
  122  of the State Constitution until the agency:
  123         1. Determines it will not investigate the allegation;
  124         2. Takes disciplinary action against the subject of the
  125  allegation and determines it will take no further action; or
  126         3. Makes a finding as to probable cause.
  127         (b) Notwithstanding subparagraphs (a)1.-3., the personal
  128  identifying information of an alleged victim of sexual
  129  harassment or sexual misconduct or any information that could
  130  assist an individual in determining the identity of such alleged
  131  victim remains confidential and exempt as provided under s.
  132  119.071(2)(n)3. and may not be disclosed in a portion of a
  133  meeting that is open to the public.
  134         (c) This subsection is subject to the Open Government
  135  Sunset Review Act in accordance with s. 119.15 and shall stand
  136  repealed on October 2, 2023, unless reviewed and saved from
  137  repeal through reenactment by the Legislature.
  138         Section 4. (1) The Legislature finds that it is a public
  139  necessity that complaints, referrals, and records alleging
  140  sexual harassment or sexual misconduct, and any related records
  141  that are held by an agency be made confidential and exempt from
  142  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
  143  State Constitution until the agency determines that it will not
  144  investigate the allegation; takes disciplinary action against
  145  the subject of the allegation and determines it will take no
  146  further action; or makes a finding as to probable cause. This
  147  exemption is necessary because the release of such information
  148  could potentially be defamatory to an individual under
  149  investigation; could subject alleged victims to further sexual
  150  harassment or retaliation; or could significantly impair the
  151  integrity of any investigation of such allegations.
  152  Additionally, the potential for disclosure of such information
  153  could create a disincentive for alleged victims to report
  154  instances of alleged harassment or misconduct. The Legislature
  155  finds that the potential harm that may result from the release
  156  of such information outweighs any public benefit that may be
  157  derived from the disclosure of such information.
  158         (2) The Legislature also finds that it is a public
  159  necessity that any portion of a meeting that would reveal any
  160  records involving an allegation of sexual harassment or sexual
  161  misconduct which are made confidential and exempt under s.
  162  119.071(2)(n)1., Florida Statutes, be made exempt under s.
  163  286.011, Florida Statutes, and s. 24(b), Article I of the State
  164  Constitution until the agency determines that it will not
  165  investigate the allegation; takes disciplinary action against
  166  the subject of the allegation and determines it will take no
  167  further action; or makes a finding as to probable cause.
  168  Furthermore, the Legislature also finds that it is a public
  169  necessity to prohibit the disclosure of the personal identifying
  170  information of an alleged victim of sexual harassment or sexual
  171  misconduct, or any information that could assist an individual
  172  in determining the identity of such alleged victim, in any
  173  portion of a proceeding conducted by the Commission on Ethics, a
  174  commission on ethics and public trust, or a county or
  175  municipality that has established a local investigatory process
  176  which is open to the public, or any portion of a meeting of any
  177  board or commission of any state agency or authority or of any
  178  agency or authority of any county, municipal corporation, or
  179  political subdivision which is open to the public. The failure
  180  to close a meeting at which records involving an allegation of
  181  sexual harassment or sexual misconduct are discussed or acted
  182  upon would defeat the purpose of the public records exemption.
  183  The Legislature also finds that it is necessary to maintain the
  184  confidentiality of an alleged victim’s identity after an agency
  185  determines that it will not investigate the allegation; takes
  186  disciplinary action against the subject of the allegation and
  187  determines it will take no further action; or makes a finding as
  188  to probable cause, because a victim may remain at risk of
  189  further harassment and retaliation, and the disclosure of the
  190  victim’s identity may cause damage to his or her reputation.
  191         Section 5. This act shall take effect upon becoming a law.