Bill Text: FL S1662 | 2014 | Regular Session | Introduced
Bill Title: Public Records and Meetings/Florida Elections Commission
Spectrum: Committee Bill
Status: (Failed) 2014-05-02 - Died in Ethics and Elections [S1662 Detail]
Download: Florida-2014-S1662-Introduced.html
Florida Senate - 2014 SB 1662 By the Committee on Ethics and Elections 582-02416-14 20141662__ 1 A bill to be entitled 2 An act relating to public records and meetings; 3 amending s. 106.25, F.S.; creating an exemption from 4 public records requirements for a sworn complaint and 5 records relating to an investigation, investigative 6 report, or other paper of the Florida Elections 7 Commission with respect to violations of limitations 8 on political activity by candidates for judicial 9 office; creating an exemption from public meetings 10 requirements for portions of proceedings of the 11 Florida Elections Commission in which violations of 12 limitations on political activity by candidates for 13 judicial office are discussed or acted upon following 14 a complaint or relating to an investigation; providing 15 for future repeal and legislative review of the 16 exemptions under the Open Government Sunset Review 17 Act; providing statements of public necessity; 18 providing a contingent effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (7) of section 106.25, Florida 23 Statutes, is amended to read: 24 106.25 Reports of alleged violations to Florida Elections 25 Commission; disposition of findings.— 26 (7)(a) Every sworn complaint filed pursuant to this chapter 27 with the commission, every investigation and investigative 28 report or other paper of the commission with respect to a 29 violation of this chapter or chapter 104, and every proceeding 30 of the commission with respect to a violation of this chapter or 31 chapter 104 is confidential, is exempt from the provisions of 32 ss. 119.07(1) and 286.011, and is exempt from publication in the 33 Florida Administrative Register of any notice or agenda with 34 respect to any proceeding relating to such violation, except35under the following circumstances:. 36 (b) A sworn complaint filed with the commission and an 37 investigation and investigative report or other paper of the 38 commission with respect to a violation of s. 105.071 is 39 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 40 of the State Constitution. 41 (c) Any portion of a proceeding of the commission in which 42 a violation of s. 105.071 is discussed or acted upon pursuant to 43 a complaint or investigation is exempt from s. 286.011, s. 44 24(b), Art. I of the State Constitution, and s. 120.525. 45 (d) The exemptions in paragraphs (a)-(c) apply, except 46 under the following circumstances: 47 1.(a)As provided in subsection (6); 48 2.(b)Upon a determination of probable cause or no probable 49 cause by the commission; or 50 3.(c)For proceedings conducted with respect to appeals of 51 fines levied by filing officers for the late filing of reports 52 required by this chapter. 53 (e) Paragraphs (b) and (c) are subject to the Open 54 Government Sunset Review Act in accordance with s. 119.15 and 55 shall stand repealed on October 2, 2019, unless reviewed and 56 saved from repeal through reenactment by the Legislature. 57 58 However, a complainant is not bound by the confidentiality 59 provisions of this section. In addition, confidentiality may be 60 waived in writing by the person against whom the complaint has 61 been filed or the investigation has been initiated. If a finding 62 of probable cause in a case is entered within 30 days prior to 63 the date of the election with respect to which the alleged 64 violation occurred, such finding and the proceedings and records 65 relating to such case mayshallnot become public until noon of 66 the day following such election. When two or more persons are 67 being investigated by the commission with respect to an alleged 68 violation of s. 105.071, this chapter, or chapter 104, the 69 commission may not publicly enter a finding of probable cause or 70 no probable cause in the case until a finding of probable cause 71 or no probable cause for the entire case has been determined. 72 However, once the confidentiality of any case has been breached, 73 the person or persons under investigation have the right to 74 waive the confidentiality of the case, thereby opening up the 75 proceedings and records to the public. Any person who discloses 76 any information or matter made confidential by the provisions of 77 this subsection commits a misdemeanor of the first degree, 78 punishable as provided in s. 775.082 or s. 775.083. 79 Section 2. (1) The Legislature finds that it is a public 80 necessity that a sworn complaint filed with the Florida 81 Elections Commission, and records relating to an investigation, 82 investigative report, or other paper of the commission, with 83 respect to violations on limitations on political activity by 84 candidates for judicial office be confidential and exempt from 85 public records requirements. Sworn complaints, and records held 86 by the commission relating to investigations, of a violation of 87 chapter 104 or chapter 106, Florida Statutes, relating to 88 certain violations and penalties of the Florida Election Code 89 and campaign financing, respectively, have historically been 90 exempt from public records requirements. This exemption affords 91 the same confidentiality to such complaints and records relating 92 to a violation of s. 105.071, Florida Statutes. This exemption 93 is necessary because the release of such information could be 94 defamatory to an individual under investigation, cause 95 unwarranted damage to the reputation of such individual, or 96 impair the integrity of the investigation. This exemption is 97 narrowly drawn in that the confidentiality may be waived in 98 writing by the person against whom the complaint has been filed, 99 or the investigation has been initiated; or upon the 100 determination of probable cause or no probable cause by the 101 commission. 102 (2) The Legislature finds that it is a public necessity 103 that any portion of a proceeding of the Florida Elections 104 Commission in which a violation of s. 105.071, Florida Statutes, 105 is discussed or acted upon following a complaint or relating to 106 an investigation be exempt from public meetings requirements. 107 Proceedings of the commission with respect to a violation of 108 chapter 104 or chapter 106, Florida Statutes, relating to 109 certain violations and penalties of the Florida Election Code 110 and campaign financing, respectively, have historically been 111 exempt from public meetings requirements. This exemption affords 112 the same protection to discussions or actions pursuant to a 113 complaint or investigation during any portion of a proceeding of 114 the commission with respect to an alleged violation of s. 115 105.071, Florida Statutes. This exemption is necessary because 116 the release of such information could be defamatory to an 117 individual under investigation, cause unwarranted damage to the 118 reputation of such individual, or impair the integrity of the 119 investigation. This exemption is narrowly drawn in that it 120 applies only to portions of proceedings of the commission in 121 which such an alleged violation of s. 105.071, Florida Statutes 122 pursuant to a complaint or investigation is discussed or acted 123 upon. 124 Section 3. This act shall take effect on the same date that 125 SB ___ or similar legislation takes effect, if such legislation 126 is adopted in the same legislative session or an extension 127 thereof and becomes a law.