Florida Senate - 2021                             CS for SB 1048
       
       
        
       By the Committee on Judiciary; and Senators Bean and Baxley
       
       
       
       
       
       590-02599-21                                          20211048c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; defining the terms “conviction
    4         integrity unit” and “conviction integrity unit
    5         reinvestigation information”; providing a public
    6         records exemption for certain conviction integrity
    7         unit reinvestigation information; providing for the
    8         future review and repeal of the exemption; providing a
    9         statement of public necessity; providing an effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (q) is added to subsection (2) of
   15  section 119.071, Florida Statutes, to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (2) AGENCY INVESTIGATIONS.—
   19         (q)1. As used in this paragraph, the term:
   20         a. “Conviction integrity unit” means a unit within a state
   21  attorney’s office established for the purpose of reviewing
   22  plausible claims of actual innocence.
   23         b. “Conviction integrity unit reinvestigation information”
   24  means information or materials generated during a new
   25  investigation by a conviction integrity unit following the
   26  unit’s formal written acceptance of an applicant’s case. The
   27  term does not include:
   28         (I) Information, materials, or records generated by a state
   29  attorney’s office during an investigation done for the purpose
   30  of responding to motions made pursuant to Rule 3.800, Rule
   31  3.850, or Rule 3.853, Florida Rules of Criminal Procedure, or
   32  any other collateral proceeding.
   33         (II) Petitions by applicants to the conviction integrity
   34  unit.
   35         (III) Criminal investigative information generated before
   36  the commencement of a conviction integrity unit investigation
   37  which is not otherwise exempt from this section.
   38         2. Conviction integrity unit reinvestigation information is
   39  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   40  Constitution for 2 years during an active, ongoing, and good
   41  faith investigation of a claim of actual innocence in a case
   42  that previously resulted in the conviction of the accused person
   43  and until the claim is no longer capable of further
   44  investigation. This paragraph is subject to the Open Government
   45  Sunset Review Act in accordance with s. 119.15 and shall stand
   46  repealed on October 2, 2026, unless reviewed and saved from
   47  repeal through reenactment by the Legislature.
   48         Section 2. The Legislature finds that it is a public
   49  necessity that conviction integrity unit reinvestigation
   50  information be made exempt from s. 119.07(1), Florida Statutes,
   51  and s. 24(a), Article I of the State Constitution for 2 years
   52  during an active, ongoing, and good faith investigation of a
   53  claim of actual innocence in a case that previously resulted in
   54  the conviction of the accused person and until the claim is no
   55  longer capable of further investigation. Public release of
   56  conviction integrity unit reinvestigation information could
   57  result in the disclosure of sensitive information, such as the
   58  identity or location of an alternate suspect, a witness, or
   59  other evidence needed to exonerate a wrongfully convicted
   60  person, which could compromise the investigation of a wrongfully
   61  convicted person’s case. The Legislature further finds that it
   62  is necessary to protect this information in order to encourage
   63  witnesses, who might otherwise be reluctant to come forward, to
   64  be forthcoming with evidence of a crime. It is in the interest
   65  of pursuing justice for persons who may have been wrongfully
   66  convicted that all conviction integrity unit reinvestigation
   67  information be protected until investigation of the claim of
   68  actual innocence is no longer capable of further investigation.
   69  The Legislature finds that the harm that may result from the
   70  release of such information outweighs any public benefit that
   71  may be derived from its disclosure, and that it is in the
   72  interest of the public to safeguard, preserve, and protect
   73  information relating to a claim of actual innocence by a person
   74  who may have been convicted of a crime that he or she did not
   75  commit.
   76         Section 3. This act shall take effect July 1, 2021.