CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 1108

    Amendment No.    

                            CHAMBER ACTION
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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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16  and insert:

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30  Florida Statutes, and shall stand repealed on October 2, 2005,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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 7  ================ T I T L E   A M E N D M E N T ===============

 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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