Bill Text: FL S0306 | 2012 | Regular Session | Introduced
Bill Title: Public Records and Meetings/Code of Ethics for Public Officers and Employees
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Rules Subcommittee on Ethics and Elections [S0306 Detail]
Download: Florida-2012-S0306-Introduced.html
Florida Senate - 2012 SB 306 By Senator Fasano 11-00095-12 2012306__ 1 A bill to be entitled 2 An act relating to public records and meetings; 3 amending s. 112.324, F.S.; providing an exemption from 4 public-records requirements for a determination of 5 legal sufficiency relating to an alleged violation of 6 part III of ch. 112, F.S., the Code of Ethics for 7 Public Officers and Employees; providing an exemption 8 from public-meetings requirements for any proceeding 9 relating to such determination; authorizing the 10 Commission on Ethics and its staff to share 11 investigative information with criminal investigative 12 agencies; providing for legislative review and repeal 13 of the exemptions under the Open Government Sunset 14 Review Act; providing a statement of public necessity; 15 providing a contingent 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; public 22 records and meeting exemptions.— 23 (2)(a) The complaint and records relating to a writtenthe24 complaint, other determination of legal sufficiency to conduct 25 an investigation of an alleged breach of the public trust as 26 provided under subsection (1), or to aanypreliminary 27 investigation held by the commission or its agents, by a 28 Commission on Ethics and Public Trust established by aany29 county as defined in s. 125.011(1) or aby anymunicipality as 30 defined in s. 165.031, or by aanycounty or municipality that 31 has established a local investigatory process to enforce more 32 stringent standards of conduct and disclosure requirements as 33 provided in s. 112.326 are confidential and exempt fromthe34provisions ofs. 119.07(1) and s. 24(a), Art. I of the State 35 Constitution. 36 (b) Any proceeding conducted by the commission, a 37 Commission on Ethics and Public Trust, or a county or 38 municipality that has established such local investigatory 39 process, pursuant to a complaint, other determination that there 40 is an indication of a breach of the public trust as provided in 41 subsection (1), or a preliminary investigation, is exempt from 42the provisions ofs. 286.011, s. 24(b), Art. I of the State 43 Constitution, and s. 120.525. 44 (c) The exemptions in paragraphs (a) and (b) apply until 45 the complaint or other alleged indication of a breach of the 46 public trust is dismissed as legally insufficient;,until the 47 alleged violator requests in writing that thesuchrecords and 48 proceedings be made public; until the commission determines that 49 it will not investigate the complaint, publicly disseminated 50 information, or referral;,or until the commission, a Commission 51 on Ethics and Public Trust, or a county or municipality that has 52 established such local investigatory process determines, based 53 on ansuchinvestigation, whether probable cause exists to 54 believe that a violation has occurred. In no event shall a 55 complaint under this part against a candidate in any general, 56 special, or primary election be filed or any intention of filing 57 such a complaint be disclosed on the day of any such election or 58 within the 5 days immediately preceding the date of the 59 election. 60 (d) The confidentiality requirements of this subsection do 61 not prohibit the commission, a Commission on Ethics and Public 62 Trust, or a county or municipality that has established a local 63 investigatory process from sharing investigative information 64 with a criminal investigative agency. 65 (e)(d)This subsection is subject to the Open Government 66 Sunset Review Act in accordance with s. 119.15 and shall stand 67 repealed on October 2, 20172015, unless reviewed and saved from 68 repeal through reenactment by the Legislature. 69 Section 2. (1) The Legislature finds that it is a public 70 necessity that a determination of legal sufficiency to conduct 71 an investigation of an alleged breach of the public trust under 72 part III of chapter 112, Florida Statutes, the Code of Ethics 73 for Public Officers and Employees, pursuant to publicly 74 disseminated information or a referral from a public official be 75 held confidential and exempt from s. 119.07(1), Florida 76 Statutes, and s. 24(a), Article I of the State Constitution 77 until the Commission on Ethics, a Commission on Ethics and 78 Public Trust, or a county or municipality dismisses such 79 allegation as legally insufficient, determines that it will not 80 conduct an investigation, or determines, based on an 81 investigation, whether probable cause exists to believe that a 82 violation has occurred. This exemption is necessary because the 83 release of information that is subsequently found to be 84 insufficient and without legal basis could potentially be 85 defamatory to the individual under investigation or cause 86 unwarranted damage to his or her good name or reputation. 87 (2) In addition, the Legislature finds that it is a public 88 necessity that any proceeding conducted by the Commission on 89 Ethics, a Commission on Ethics and Public Trust, or a county or 90 municipality pursuant to publicly disseminated information or a 91 referral from a public official be exempt from s. 286.011, 92 Florida Statutes, s. 24(b), Article I of the State Constitution, 93 and s. 120.525, Florida Statutes, so that the administration of 94 such proceeding is not otherwise significantly impaired. The 95 exemption of these proceedings from public-meetings requirements 96 minimizes the possibility of unnecessary scrutiny by the public 97 or media of the individual under investigation and his or her 98 family before there is a determination of probable cause. 99 Furthermore, the Legislature has already recognized the 100 importance of the aforementioned public-records and public 101 meetings exemptions by exempting the records and meetings of the 102 Commission on Ethics, a Commission on Ethics and Public Trust, 103 or a county or municipality conducting such a proceeding. 104 Section 3. This act shall take effect July 1, 2012, only if 105 Senate Bill ____ or similar legislation is adopted in the same 106 legislative session or an extension thereof and becomes law.