Bill Text: FL H1423 | 2010 | Regular Session | Introduced

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Bill Title: Public Records and Meetings/Commission on Ethics

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Affairs Policy (EDCA), companion bill(s) passed, see CS/HB 551 (Ch. 2010-130), HB 7085 (Ch. 2010-116) [H1423 Detail]

Download: Florida-2010-H1423-Introduced.html

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HB 1423

1	A bill to be entitled
2	An act relating to public records and meetings; providing
3	an exemption from public-records requirements for a
4	determination by the Commission on Ethics regarding an
5	information or a written referral of an alleged violation
6	of part III of ch. 112, F.S., the Code of Ethics for
7	Public Officers and Employees; providing an exemption from
8	public-meetings requirements for any proceeding conducted
9	by the commission or a local Commission on Ethics and
10	Public Trust pursuant to such information or referral;
11	authorizing the commission and its staff to share
12	investigative information with criminal investigative
13	agencies; providing for review and repeal of the
14	exemptions under the Open Government Sunset Review Act;
15	providing a statement of public necessity; providing a
16	contingent effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. Subsection (2) of section 112.324, Florida
21	Statutes, is amended to read:
22	112.324 Procedures on complaints of violations; public
23	records and meeting exemptions.-
24	(2)(a) The complaint and records relating to the complaint
25	or to any preliminary investigation or the commission's
26	determination regarding the information or the referral, as
27	provided in this section, held by the commission or its agents
28	or by a Commission on Ethics and Public Trust established by any
29	county defined in s. 125.011(1) or by any municipality defined
30	in s. 165.031 are confidential and exempt from the provisions of
31	s. 119.07(1) and s. 24(a), Art. I of the State Constitution, and
32	any proceeding conducted by the commission or a Commission on
33	Ethics and Public Trust, pursuant to a complaint, information,
34	or referral as provided in this section, or preliminary
35	investigation, is exempt from the provisions of s. 286.011, s.
36	24(b), Art. I of the State Constitution, and s. 120.525, until
37	the complaint is dismissed as legally insufficient, until the
38	alleged violator requests in writing that such records and
39	proceedings be made public, until the commission determines that
40	it will not investigate the complaint or referral, or until the
41	commission or a Commission on Ethics and Public Trust
42	determines, based on such investigation, whether probable cause
43	exists to believe that a violation has occurred. The
44	confidentiality requirements of this subsection do not prohibit
45	the commission or its staff from sharing investigative
46	information with criminal investigative agencies. In no event
47	shall A complaint under this part against a candidate in any
48	general, special, or primary election may not be filed or any
49	intention of filing such a complaint may not be disclosed on the
50	day of any such election or within the 5 days immediately
51	preceding the date of the election.
52	(b) Paragraph (a) is subject to the Open Government Sunset
53	Review Act in accordance with s. 119.15 and shall stand repealed
54	on October 2, 2015 2010, unless reviewed and saved from repeal
55	through reenactment by the Legislature.
56	Section 2. The Legislature finds it a public necessity
57	that the information or referral of an alleged violation of part
58	III of chapter 112, Florida Statutes, the Code of Ethics for
59	Public Officers and Employees, be held confidential and exempt
60	from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
61	the State Constitution until the information or referral is
62	dismissed as legally insufficient, until the alleged violator
63	requests in writing that such records and proceedings be made
64	public, until the Commission on Ethics determines that it will
65	not investigate the complaint or referral, or until the
66	commission or a Commission on Ethics and Public Trust
67	determines, based on such investigation, whether probable cause
68	exists to believe that a violation has occurred. This exemption
69	is necessary because the release of such information could
70	potentially be defamatory to an individual under investigation
71	or cause unwarranted damage to the good name or reputation of
72	such individual. In addition, the Legislature finds it a public
73	necessity that any proceeding conducted by a county or municipal
74	Commission on Ethics and Public Trust pursuant to an information
75	or referral be exempt from s. 286.011, Florida Statutes, s.
76	24(b), Article I of the State Constitution, and s. 120.525,
77	Florida Statutes, so that the administration of such proceeding
78	is not otherwise significantly impaired. The exemption of these
79	proceedings from public-meetings requirements minimizes the
80	possibility of unnecessary scrutiny by the public or media of
81	individuals under investigation and their families. Furthermore,
82	the Legislature has already recognized the importance of the
83	aforementioned public-records and public-meetings exemptions by
84	exempting the records and meetings of the state Commission on
85	Ethics and those of a Commission on Ethics and Public Trust
86	formed by a county or municipality.
87	Section 3. This act shall take effect July 1, 2010, only
88	if House Bill 1421 or similar legislation is adopted in the same
89	legislative session or an extension thereof and becomes law.

CODING: Words stricken are deletions; words underlined are additions.