November 28, 2020
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       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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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   35  Review Act in accordance with s. 119.15 and shall stand repealed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.

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