Public Records/Commission on Ethics

Florida Senate
-
2026

SB 1650

By
Senator Gaetz

1-01701-26 20261650__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 112.3243, F.S.; providing an exemption from public
4 records requirements for information received by the
5 commission or derived from its investigations;
6 providing for future legislative review and repeal of
7 the exemption; providing a statement of public
8 necessity; providing a contingent effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Present subsection (5) of section 112.3243,
13 Florida Statutes, as created by SB 92 or similar legislation,
14 2026 Regular Session, is redesignated as subsection (6), and a
15 new subsection (5) is added to that section, to read:
16 112.3243 Investigative procedures in response to prohibited
17 personnel actions against ethics complaints.—
18
(5)

CONFIDENTIALITY.—All information received by the

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commission or information produced or derived from fact-finding

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or other investigations conducted by the commission is

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confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

22
of the State Constitution if the information is received or

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derived from allegations as set forth in s. 112.3242 relating to

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an active investigation. This subsection is subject to the Open

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Government Sunset Review Act in accordance with s. 119.15 and

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shall stand repealed on October 2, 2031, unless reviewed and

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saved from repeal through reenactment by the Legislature.

28 Section 2.
The Legislature finds that it is a
public

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necessity that all information received by the Commission
on

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Ethics or information produced or derived from fact-finding or

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other investigations conducted by the commission be made

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confidential and exempt from s. 119.07(1), Florida Statutes, and

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s. 24(a), Article I of the State Constitution until the

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investigation is terminated or ceases to be active. The

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premature release of such records could frustrate or thwart
an

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investigation and impair the ability of the commission to

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effectively and efficiently administer ss.
112.324,

112.3242,

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and 112.3243, Florida Statutes. In addition, the release of such

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records before completion of an active investigation could

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jeopardize
an
ongoing investigation, thereby affecting the

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ability of the commission to effectively and efficiently

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administer the investigation. Therefore, the Legislature finds

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that the harm that may result from the release of all

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information received by the
commission
or information produced

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or derived from fact-finding or other investigations conducted

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by the commission pursuant to s. 112.3242, Florida Statutes,

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outweighs the public benefit that may be derived from the

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disclosure of the information.

49 Section 3. This act shall take effect on the same date that
50 SB 92 or similar legislation takes effect, if such legislation
51 is adopted in the same legislative session or an extension
52 thereof and becomes a law.