Florida Senate - 2018                                    SB 7020
       
       
        
       By the Committee on Ethics and Elections
       
       
       
       
       
       582-02647-18                                          20187020__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 112.324, F.S., which
    4         provides exemptions from public records and public
    5         meetings requirements for complaints alleging a
    6         violation of part III of ch. 112, F.S., and related
    7         records that are held by the Commission on Ethics or
    8         its agents and specified local government entities,
    9         for written referrals and related records that are
   10         held by the commission or its agents, the Governor,
   11         the Department of Law Enforcement, and state
   12         attorneys, and for portions of meetings at which
   13         complaints or referrals are discussed or acted upon;
   14         removing the scheduled repeal of the exemptions;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (2) of section 112.324, Florida
   20  Statutes, is amended to read:
   21         112.324 Procedures on complaints of violations and
   22  referrals; public records and meeting exemptions.—
   23         (2)(a) The complaint and records relating to the complaint
   24  or to any preliminary investigation held by the commission or
   25  its agents, by a Commission on Ethics and Public Trust
   26  established by any county defined in s. 125.011(1) or by any
   27  municipality defined in s. 165.031, or by any county or
   28  municipality that has established a local investigatory process
   29  to enforce more stringent standards of conduct and disclosure
   30  requirements as provided in s. 112.326 are confidential and
   31  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   32  Constitution.
   33         (b) Written referrals and records relating to such
   34  referrals held by the commission or its agents, the Governor,
   35  the Department of Law Enforcement, or a state attorney, and
   36  records relating to any preliminary investigation of such
   37  referrals held by the commission or its agents, are confidential
   38  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   39  Constitution.
   40         (c) Any portion of a proceeding conducted by the
   41  commission, a Commission on Ethics and Public Trust, or a county
   42  or municipality that has established such local investigatory
   43  process, pursuant to a complaint or preliminary investigation,
   44  is exempt from s. 286.011, s. 24(b), Art. I of the State
   45  Constitution, and s. 120.525.
   46         (d) Any portion of a proceeding of the commission in which
   47  a determination regarding a referral is discussed or acted upon
   48  is exempt from s. 286.011 and s. 24(b), Art. I of the State
   49  Constitution, and s. 120.525.
   50         (e) The exemptions in paragraphs (a)-(d) apply until:
   51         1. The complaint is dismissed as legally insufficient;
   52         2. The alleged violator requests in writing that such
   53  records and proceedings be made public;
   54         3. The commission determines that it will not investigate
   55  the referral; or
   56         4. The commission, a Commission on Ethics and Public Trust,
   57  or a county or municipality that has established such local
   58  investigatory process determines, based on such investigation,
   59  whether probable cause exists to believe that a violation has
   60  occurred.
   61         (f) A complaint or referral under this part against a
   62  candidate in any general, special, or primary election may not
   63  be filed nor may any intention of filing such a complaint or
   64  referral be disclosed on the day of any such election or within
   65  the 30 days immediately preceding the date of the election,
   66  unless the complaint or referral is based upon personal
   67  information or information other than hearsay.
   68         (g) This subsection is subject to the Open Government
   69  Sunset Review Act in accordance with s. 119.15 and shall stand
   70  repealed on October 2, 2018, unless reviewed and saved from
   71  repeal through reenactment by the Legislature.
   72         Section 2. This act shall take effect October 1, 2018.