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The Florida Senate

HB 7005 — OGSR/RICO Act Investigations

by Oversight, Transparency and Public Management Subcommittee and Rep. Grall (SB 7038 by Criminal Justice Committee)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

The bill saves from repeal through reenactment by the Legislature a public records exemption in s. 895.06(7), F.S., relating to investigative information. Section 895.06(7), F.S., makes confidential and exempt from public disclosure information held by an investigative agency pursuant to an investigation of a violation of s. 895.03, F.S., which specifies prohibited racketeering activity under the Florida RICO (Racketeer Influenced and Corrupt Organization) Act (ss. 895.01-895.06, F.S.).

This confidential and exempt information may be disclosed by the investigative agency to a governmental entity in the performance of its official duties and to a court or tribunal. The information is no longer confidential and exempt once all investigations to which the information pertains are completed, unless the information is otherwise protected by law. An investigation is considered complete once the investigative agency either files an action or closes its investigation without filing an action.

If approved by the Governor, these provisions take effect October 1, 2020.

Vote: Senate 39-0; House 117-0