Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SPB 7084
       
       
       
       
       
       
                                Ì552118#Î552118                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/18/2019           .                                
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       The Committee on Commerce and Tourism (Gruters) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (5), (6), and (7) are added to
    6  section 570.233, Florida Statutes, as created by SB 1652, 2019
    7  Regular Session, to read:
    8         570.233 Consumer Fraud, Identity Theft, and Skimmer Working
    9  Group.—
   10         (5)(a) Any criminal intelligence information, investigative
   11  information, and surveillance techniques, procedures, or
   12  personnel, and any other information held by a law enforcement
   13  agency that is exempt or confidential and exempt from s.
   14  119.07(1) and s. 24(a), Art. I of the State Constitution and
   15  that is obtained by the Consumer Fraud, Identity Theft, and
   16  Skimmer Working Group in developing the plan required under this
   17  section, retains its exempt or confidential and exempt status
   18  when held by the working group.
   19         (6) Those portions of meetings of the working group at
   20  which criminal intelligence information, investigative
   21  information, or surveillance techniques, procedures, or
   22  personnel, or any other information held by a law enforcement
   23  agency that is exempt or confidential and exempt, is discussed
   24  are exempt from s. 286.011 and s. 24(b), Art. I of the State
   25  Constitution.
   26         (7) Subsections (5) and (6) are subject to the Open
   27  Government Sunset Review Act in accordance with s. 119.15 and
   28  shall stand repealed on October 2, 2024, unless reviewed and
   29  saved from repeal through reenactment by the Legislature.
   30         Section 2. (1) The Legislature finds that it is a public
   31  necessity that all criminal intelligence information,
   32  investigative information, and surveillance techniques,
   33  procedures, or personnel, and any other information held by a
   34  law enforcement agency that is exempt or confidential and exempt
   35  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   36  the State Constitution remain exempt or confidential and exempt
   37  after it is obtained by the Consumer Fraud, Identity Theft, and
   38  Skimmer Working Group. Otherwise, sensitive law enforcement
   39  information and personal information of victims of financial
   40  crimes would be disclosed, and open communication and
   41  coordination among the parties involved in the working group
   42  would be hampered. Additionally, premature release of such
   43  information could frustrate or thwart a criminal investigation
   44  and lead to further criminal activity. The release of such
   45  information by the Department of Agriculture and Consumer
   46  Services would undermine the specific statutory exemption
   47  protecting that information. The harm that would result from the
   48  release of such information substantially outweighs any public
   49  benefit that would be achieved by disclosure.
   50         (2) The Legislature further finds that it is a public
   51  necessity that portions of meetings of the Consumer Fraud,
   52  Identity Theft, and Skimmer Working Group at which criminal
   53  intelligence information, investigative information, or
   54  surveillance techniques, procedures, or personnel, or any other
   55  information held by a law enforcement agency, that is exempt or
   56  confidential and exempt, is discussed be exempt from s. 286.011,
   57  Florida Statutes, and s. 24(b), Article I of the State
   58  Constitution. The failure to close portions of meetings at which
   59  exempt or confidential and exempt information is discussed would
   60  defeat the purpose of the public records exemption. Further, the
   61  Legislature finds that the exemption is narrowly tailored to
   62  apply to only certain portions of meetings of the working group
   63  to allow for public oversight.
   64         Section 3. This act shall take effect on the same date that
   65  SB 1652 or similar legislation takes effect, if such legislation
   66  is adopted in the same legislative session or an extension
   67  thereof and becomes law.
   68  
   69  ================= T I T L E  A M E N D M E N T ================
   70  And the title is amended as follows:
   71         Delete everything before the enacting clause
   72  and insert:
   73                        A bill to be entitled                      
   74         An act relating to public records and public meetings;
   75         amending s. 570.233, F.S.; specifying that certain
   76         information held by a law enforcement agency that is
   77         obtained by the Consumer Fraud, Identity Theft, and
   78         Skimmer Working Group, which is exempt or confidential
   79         and exempt from public records requirements, retains
   80         its protected status; providing an exemption from
   81         public meetings requirements for portions of working
   82         group meetings at which such exempt or confidential
   83         and exempt information is discussed; providing for
   84         future legislative review and repeal; providing
   85         statements of public necessity; providing a contingent
   86         effective date.