Bill Text: FL S7018 | 2018 | Regular Session | Introduced

---

Bill Title: OGSR/Agency Investigations

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-07 - Laid on Table, refer to HB 7077 [S7018 Detail]

Download: Florida-2018-S7018-Introduced.html

---

       Florida Senate - 2018                                    SB 7018
       
       
        
       By the Committee on Ethics and Elections
       
       
       
       
       
       582-02645-18                                          20187018__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S., which
    4         provides an exemption from public records requirements
    5         for complaints of misconduct filed with an agency
    6         against an agency employee, and all information
    7         obtained pursuant to an agency investigation of such
    8         complaints; removing the scheduled repeal of the
    9         exemption; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (k) of subsection (2) of section
   14  119.071, Florida Statutes, is amended to read:
   15         119.071 General exemptions from inspection or copying of
   16  public records.—
   17         (2) AGENCY INVESTIGATIONS.—
   18         (k)1. A complaint of misconduct filed with an agency
   19  against an agency employee and all information obtained pursuant
   20  to an investigation by the agency of the complaint of misconduct
   21  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   22  I of the State Constitution until the investigation ceases to be
   23  active, or until the agency provides written notice to the
   24  employee who is the subject of the complaint, either personally
   25  or by mail, that the agency has either:
   26         1.a. Concluded the investigation with a finding not to
   27  proceed with disciplinary action or file charges; or
   28         2.b. Concluded the investigation with a finding to proceed
   29  with disciplinary action or file charges.
   30         2. Subparagraph 1. is subject to the Open Government Sunset
   31  Review Act in accordance with s. 119.15 and shall stand repealed
   32  on October 2, 2018, unless reviewed and saved from repeal
   33  through reenactment by the Legislature.
   34         Section 2. This act shall take effect October 1, 2018.