Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7036 
 
FOR CONSIDERATION By the Committee on Higher Education 
589-00879-10                                          20107036__ 
1                        A bill to be entitled 
2         An act relating to a review under the Open Government 
3         Sunset Review Act; amending s. 1005.38, F.S., relating 
4         to an exemption from public-records requirements for 
5         investigatory records held by the Commission for 
6         Independent Education and an exemption from public 
7         meetings requirements for portions of meetings of a 
8         probable cause panel convened by the commission; 
9         saving the exemptions from repeal under the Open 
10         Government Sunset Review Act; removing the scheduled 
11         repeal of the exemptions; providing an effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. Paragraph (b) of subsection (6) of section 
16  1005.38, Florida Statutes, is amended to read: 
17         1005.38 Actions against a licensee and other penalties.— 
18         (6) The commission may conduct disciplinary proceedings 
19  through an investigation of any suspected violation of this 
20  chapter or any rule of the commission, including a finding of 
21  probable cause and making reports to any law enforcement agency 
22  or regulatory agency. 
23         (b)1. All investigatory records held by the commission in 
24  conjunction with an investigation conducted pursuant to this 
25  subsection, including minutes and findings of an exempt probable 
26  cause panel meeting convened in conjunction with such 
27  investigation, are exempt from s. 119.07(1) and s. 24(a), Art. I 
28  of the State Constitution for a period not to exceed 10 days 
29  after the panel makes a determination regarding probable cause. 
30         2. Those portions of meetings of the probable cause panel 
31  at which records made exempt pursuant to subparagraph 1. are 
32  discussed are exempt from s. 286.011 and s. 24(b), Art. I of the 
33  State Constitution. 
34         3. This paragraph is subject to the Open Government Sunset 
35  Review Act in accordance with s. 119.15 and shall stand repealed 
36  on October 2, 2010, unless reviewed and saved from repeal 
37  through reenactment by the Legislature. 
38         Section 2. This act shall take effect October 1, 2010.