Bill Text: FL S7072 | 2010 | Regular Session | Introduced

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Bill Title: OGSR/Commission on Ethics/Ethics and Public Trust

Spectrum: Unknown

Status: (N/A - Dead) 2010-02-17 - Submit as committee bill by Ethics and Elections (SB 2170) [S7072 Detail]

Download: Florida-2010-S7072-Introduced.html

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Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7072 
 
FOR CONSIDERATION By the Committee on Ethics and Elections 
582-00839-10                                          20107072__ 
1                        A bill to be entitled 
2         An act relating to a review under the Open Government 
3         Sunset Review Act; amending s. 112.324, F.S., relating 
4         to an exemption from public-records and public 
5         meetings requirements for complaints and related 
6         records in the custody of and proceedings conducted by 
7         the Commission on Ethics or a Commission on Ethics and 
8         Public Trust established by a county or municipality; 
9         reorganizing provisions; saving the exemption from 
10         repeal under the Open Government Sunset Review Act; 
11         deleting provisions providing for repeal of the 
12         exemption; providing an effective date. 
13 
14  Be It Enacted by the Legislature of the State of Florida: 
15 
16         Section 1. Subsection (2) of section 112.324, Florida 
17  Statutes, is amended to read: 
18         112.324 Procedures on complaints of violations; public 
19  records and meeting exemptions.— 
20         (2)(a) The complaint and records relating to the complaint 
21  or to any preliminary investigation held by the commission or 
22  its agents or by a Commission on Ethics and Public Trust 
23  established by any county defined in s. 125.011(1) or by any 
24  municipality defined in s. 165.031 are confidential and exempt 
25  from the provisions of s. 119.07(1) and s. 24(a), Art. I of the 
26  State Constitution., and 
27         (b) Any proceeding conducted by the commission or a 
28  Commission on Ethics and Public Trust, pursuant to a complaint 
29  or preliminary investigation, is exempt from the provisions of 
30  s. 286.011, s. 24(b), Art. I of the State Constitution, and s. 
31  120.525., 
32         (c) The exemptions apply until the complaint is dismissed 
33  as legally insufficient, until the alleged violator requests in 
34  writing that such records and proceedings be made public, or 
35  until the commission or a Commission on Ethics and Public Trust 
36  determines, based on such investigation, whether probable cause 
37  exists to believe that a violation has occurred. In no event 
38  shall a complaint under this part against a candidate in any 
39  general, special, or primary election be filed or any intention 
40  of filing such a complaint be disclosed on the day of any such 
41  election or within the 5 days immediately preceding the date of 
42  the election. 
43         (b) Paragraph (a) is subject to the Open Government Sunset 
44  Review Act in accordance with s. 119.15 and shall stand repealed 
45  on October 2, 2010, unless reviewed and saved from repeal 
46  through reenactment by the Legislature. 
47         Section 2. This act shall take effect October 1, 2010.