July 11, 2020
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       Florida Senate - 2010                                    SB 1054
       
       
       
       By Senator Altman
       
       
       
       
       24-00736-10                                           20101054__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 112.324, F.S.; revising an exemption from
    4         public-record and public-meeting requirements which is
    5         provided for complaints and related records in the
    6         custody of and proceedings conducted by a county that
    7         has established a local investigatory process to
    8         enforce more stringent standards of conduct and
    9         disclosure requirements; providing for future repeal
   10         and legislative review under the Open Government
   11         Sunset Review Act of revisions to the exemption;
   12         providing a statement of public necessity; providing
   13         an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (2) of section 112.324, Florida
   18  Statutes, is amended to read:
   19         112.324 Procedures on complaints of violations; public
   20  records and meeting exemptions.—
   21         (2)(a) The complaint and records relating to the complaint
   22  or to any preliminary investigation held by the commission or
   23  its agents, or by a Commission on Ethics and Public Trust
   24  established by any county defined in s. 125.011(1) or by any
   25  municipality defined in s. 165.031, or by any county that has
   26  established a local investigatory process to enforce more
   27  stringent standards of conduct and disclosure requirements as
   28  provided in s. 112.326 are confidential and exempt from the
   29  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   30  Constitution., and
   31         (b) Any proceeding conducted by the commission, or a
   32  Commission on Ethics and Public Trust, or a county that has
   33  established such local investigatory process, pursuant to a
   34  complaint or preliminary investigation, is exempt from the
   35  provisions of s. 286.011, s. 24(b), Art. I of the State
   36  Constitution, and s. 120.525.,
   37         (c) The exemptions apply until the complaint is dismissed
   38  as legally insufficient, until the alleged violator requests in
   39  writing that such records and proceedings be made public, or
   40  until the commission, or a Commission on Ethics and Public
   41  Trust, or a county that has established such local investigatory
   42  process determines, based on such investigation, whether
   43  probable cause exists to believe that a violation has occurred.
   44  In no event shall a complaint under this part against a
   45  candidate in any general, special, or primary election be filed
   46  or any intention of filing such a complaint be disclosed on the
   47  day of any such election or within the 5 days immediately
   48  preceding the date of the election.
   49         (d)(b)This subsection Paragraph (a) is subject to the Open
   50  Government Sunset Review Act in accordance with s. 119.15 and
   51  shall stand repealed on October 2, 2015 2010, unless reviewed
   52  and saved from repeal through reenactment by the Legislature.
   53         Section 2. The Legislature finds that it is a public
   54  necessity that all complaints and related records in the custody
   55  of a county that has established a local investigatory process
   56  to enforce more stringent standards of conduct and disclosure
   57  requirements as provided in s. 112.326, Florida Statutes, which
   58  relate to a complaint of a local ethics violation be exempted
   59  from public-record and public-meeting requirements until the
   60  complaint is dismissed as legally insufficient, until the
   61  alleged violator requests in writing that such records and
   62  proceedings be made public, or until it is determined, based on
   63  the investigation, whether probable cause exists to believe that
   64  a violation has occurred. This exemption is necessary because
   65  the release of such information could potentially be defamatory
   66  to an individual under investigation, cause unwarranted damage
   67  to the good name or reputation of such individual, or
   68  significantly impair the investigation. The exemption creates a
   69  secure environment in which a county may conduct its
   70  investigation.
   71         Section 3. This act shall take effect July 1, 2010.

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