August 03, 2020
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HB 7085

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44Review Act in accordance with s. 119.15 and shall stand repealed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

CODING: Words stricken are deletions; words underlined are additions.
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