CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 1108
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Sebesta moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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17 Section 1. Paragraph (c) of subsection (3) of section
18 119.07, Florida Statutes, is amended to read:
19 119.07 Inspection, examination, and duplication of
20 records; exemptions.--
21 (3)
22 (c) Any information revealing the identity of a
23 confidential informant or a confidential source is
24 confidential and exempt from the provisions of subsection (1)
25 and s. 24(a), Art. I of the State Constitution, and may be
26 released only by an order of the court and upon a showing of
27 good cause.
28 Section 2. Section 1 is subject to the Open Government
29 Sunset Review Act of 1995 in accordance with section 119.15,
30 Florida Statutes, and shall stand repealed on October 2, 2005,
31 unless reviewed and saved from repeal through reenactment by
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SENATE AMENDMENT
Bill No. SB 1108
Amendment No.
1 the Legislature.
2 Section 3. Investigations of alleged misconduct by
3 public officials often carry with them high interest by the
4 press and media. The disclosure of investigative case file
5 information can allow confidential aspects of an ongoing
6 criminal investigation to be discerned by the person making
7 the public records request. As a result, the identity of a
8 confidential informant or confidential source is often
9 revealed and the confidential informant or confidential source
10 can easily become victim to recrimination from the subject of
11 the complaint. Perceptions of such victimization create a
12 strong disincentive to report public misconduct. As a public
13 policy, this state should encourage persons to report any
14 allegations of criminal activity by public servants and should
15 foster an atmosphere in which those considering whether to
16 come forward with their concerns are assured that their
17 identities will remain confidential if needed. The Legislature
18 intends that potential complainants, confidential informants,
19 and confidential sources be placed on notice that their
20 identities will remain confidential and exempt from disclosure
21 as a means of encouraging reports of wrongdoing. The
22 Legislature intends to exempt information revealing the
23 identity of confidential informants and confidential sources
24 from public disclosure. The Legislature recognizes that such
25 persons already may be considered confidential informants
26 under the existing law, but believes specifically that listing
27 the persons will serve to assure potential confidential
28 informants, confidential sources, or complainants that they
29 are, in fact, confidential informants. The Legislature
30 believes that these exemptions strike the best balance between
31 the public's right of access to public agency files and the
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SENATE AMENDMENT
Bill No. SB 1108
Amendment No.
1 need to maintain an appropriate level of confidentiality of
2 allegations even after investigative efforts have been
3 concluded.
4 Section 4. This act shall take effect July 1, 2000.
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8 And the title is amended as follows:
9 Delete everything before the enacting clause
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11 and insert:
12 A bill to be entitled
13 An act relating to public records; amending s.
14 119.07, F.S.; providing that the identity of
15 confidential informants or confidential sources
16 is exempt from disclosure; providing for future
17 review and repeal; providing a finding of
18 public necessity; providing an effective date.
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