Senate Bill 1108e1

    SB 1108                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing that the identity of

  4         confidential informants or confidential sources

  5         is exempt from disclosure; providing for future

  6         review and repeal; providing a finding of

  7         public necessity; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Paragraph (c) of subsection (3) of section

12  119.07, Florida Statutes, is amended to read:

13         119.07  Inspection, examination, and duplication of

14  records; exemptions.--

15         (3)

16         (c)  Any information revealing the identity of a

17  confidential informant or a confidential source is

18  confidential and exempt from the provisions of subsection (1)

19  and s. 24(a), Art. I of the State Constitution, and may be

20  released only by an order of the court and upon a showing of

21  good cause.

22         Section 2.  Section 1 is subject to the Open Government

23  Sunset Review Act of 1995 in accordance with section 119.15,

24  Florida Statutes, and shall stand repealed on October 2, 2005,

25  unless reviewed and saved from repeal through reenactment by

26  the Legislature.

27         Section 3.  Investigations of alleged misconduct by

28  public officials often carry with them high interest by the

29  press and media. The disclosure of investigative case file

30  information can allow confidential aspects of an ongoing

31  criminal investigation to be discerned by the person making


                                  1

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






    SB 1108                                        First Engrossed



  1  the public records request. As a result, the identity of a

  2  confidential informant or confidential source is often

  3  revealed and the confidential informant or confidential source

  4  can easily become victim to recrimination from the subject of

  5  the complaint. Perceptions of such victimization create a

  6  strong disincentive to report public misconduct. As a public

  7  policy, this state should encourage persons to report any

  8  allegations of criminal activity by public servants and should

  9  foster an atmosphere in which those considering whether to

10  come forward with their concerns are assured that their

11  identities will remain confidential if needed. The Legislature

12  intends that potential complainants, confidential informants,

13  and confidential sources be placed on notice that their

14  identities will remain confidential and exempt from disclosure

15  as a means of encouraging reports of wrongdoing. The

16  Legislature intends to make confidential and exempt

17  information revealing the identity of confidential informants

18  and confidential sources from public disclosure.

19         Section 4.  This act shall take effect July 1, 2000.

20

21

22

23

24

25

26

27

28

29

30

31


                                  2