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 Government69 Sunset Review Act in accordance with s. 119.15 and shall stand70 repealed on October 2, 2018, unless reviewed and saved from71 repeal through reenactment by the Legislature.72 Section 2. This act shall take effect October 1, 2018.