January 22, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h1423__
HB 1423

1
A bill to be entitled
2An act relating to public records and meetings; providing
3an exemption from public-records requirements for a
4determination by the Commission on Ethics regarding an
5information or a written referral of an alleged violation
6of part III of ch. 112, F.S., the Code of Ethics for
7Public Officers and Employees; providing an exemption from
8public-meetings requirements for any proceeding conducted
9by the commission or a local Commission on Ethics and
10Public Trust pursuant to such information or referral;
11authorizing the commission and its staff to share
12investigative information with criminal investigative
13agencies; providing for review and repeal of the
14exemptions under the Open Government Sunset Review Act;
15providing a statement of public necessity; providing a
16contingent effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (2) of section 112.324, Florida
21Statutes, is amended to read:
22     112.324  Procedures on complaints of violations; public
23records and meeting exemptions.-
24     (2)(a)  The complaint and records relating to the complaint
25or to any preliminary investigation or the commission's
26determination regarding the information or the referral, as
27provided in this section, held by the commission or its agents
28or by a Commission on Ethics and Public Trust established by any
29county defined in s. 125.011(1) or by any municipality defined
30in s. 165.031 are confidential and exempt from the provisions of
31s. 119.07(1) and s. 24(a), Art. I of the State Constitution, and
32any proceeding conducted by the commission or a Commission on
33Ethics and Public Trust, pursuant to a complaint, information,
34or referral as provided in this section, or preliminary
35investigation, is exempt from the provisions of s. 286.011, s.
3624(b), Art. I of the State Constitution, and s. 120.525, until
37the complaint is dismissed as legally insufficient, until the
38alleged violator requests in writing that such records and
39proceedings be made public, until the commission determines that
40it will not investigate the complaint or referral, or until the
41commission or a Commission on Ethics and Public Trust
42determines, based on such investigation, whether probable cause
43exists to believe that a violation has occurred. The
44confidentiality requirements of this subsection do not prohibit
45the commission or its staff from sharing investigative
46information with criminal investigative agencies. In no event
47shall A complaint under this part against a candidate in any
48general, special, or primary election may not be filed or any
49intention of filing such a complaint may not be disclosed on the
50day of any such election or within the 5 days immediately
51preceding the date of the election.
52     (b)  Paragraph (a) is subject to the Open Government Sunset
53Review Act in accordance with s. 119.15 and shall stand repealed
54on October 2, 2015 2010, unless reviewed and saved from repeal
55through reenactment by the Legislature.
56     Section 2.  The Legislature finds it a public necessity
57that the information or referral of an alleged violation of part
58III of chapter 112, Florida Statutes, the Code of Ethics for
59Public Officers and Employees, be held confidential and exempt
60from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
61the State Constitution until the information or referral is
62dismissed as legally insufficient, until the alleged violator
63requests in writing that such records and proceedings be made
64public, until the Commission on Ethics determines that it will
65not investigate the complaint or referral, or until the
66commission or a Commission on Ethics and Public Trust
67determines, based on such investigation, whether probable cause
68exists to believe that a violation has occurred. This exemption
69is necessary because the release of such information could
70potentially be defamatory to an individual under investigation
71or cause unwarranted damage to the good name or reputation of
72such individual. In addition, the Legislature finds it a public
73necessity that any proceeding conducted by a county or municipal
74Commission on Ethics and Public Trust pursuant to an information
75or referral be exempt from s. 286.011, Florida Statutes, s.
7624(b), Article I of the State Constitution, and s. 120.525,
77Florida Statutes, so that the administration of such proceeding
78is not otherwise significantly impaired. The exemption of these
79proceedings from public-meetings requirements minimizes the
80possibility of unnecessary scrutiny by the public or media of
81individuals under investigation and their families. Furthermore,
82the Legislature has already recognized the importance of the
83aforementioned public-records and public-meetings exemptions by
84exempting the records and meetings of the state Commission on
85Ethics and those of a Commission on Ethics and Public Trust
86formed by a county or municipality.
87     Section 3.  This act shall take effect July 1, 2010, only
88if House Bill 1421 or similar legislation is adopted in the same
89legislative session or an extension thereof and becomes law.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader