October 25, 2020
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       Florida Senate - 2010                             CS for SB 2170
       By the Committees on Governmental Oversight and Accountability;
       and Ethics and Elections
       585-03542-10                                          20102170c1
    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., which
    4         provides an exemption from public-records requirements
    5         for complaints and related records held by the
    6         Commission on Ethics or a Commission on Ethics and
    7         Public Trust established by a county or municipality
    8         and an exemption from public-meetings requirements for
    9         proceedings conducted by such commissions pursuant to
   10         a complaint or preliminary investigation; reorganizing
   11         the exemption; removing the scheduled repeal of the
   12         exemption; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   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 in paragraphs (a) and (b) apply until
   33  the complaint is dismissed as legally insufficient, until the
   34  alleged violator requests in writing that such records and
   35  proceedings be made public, or until the commission or a
   36  Commission on Ethics and Public Trust determines, based on such
   37  investigation, whether probable cause exists to believe that a
   38  violation has occurred. In no event shall a complaint under this
   39  part against a candidate in any general, special, or primary
   40  election be filed or any intention of filing such a complaint be
   41  disclosed on the day of any such election or within the 5 days
   42  immediately preceding the date of 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.

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