Senate Bill 2112c1
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Florida Senate - 2000 CS for SB 2112
By the Committee on Criminal Justice and Senator Brown-Waite
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1 A bill to be entitled
2 An act relating to public-records exemptions;
3 amending ss. 119.011, 119.07, F.S.; providing
4 that certain records and information that would
5 otherwise be exempt from public disclosure
6 cease to be exempt a specified period after a
7 sentence of death is imposed; providing a
8 contingent effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Paragraph (d) of subsection (3) of section
13 119.011, Florida Statutes, is amended to read:
14 119.011 Definitions.--For the purpose of this chapter:
15 (3)
16 (d)1. The word "active" shall have the following
17 meaning:
18 a.1. Criminal intelligence information shall be
19 considered "active" as long as it is related to intelligence
20 gathering conducted with a reasonable, good faith belief that
21 it will lead to detection of ongoing or reasonably anticipated
22 criminal activities.
23 b.2. Criminal investigative information shall be
24 considered "active" as long as it is related to an ongoing
25 investigation which is continuing with a reasonable, good
26 faith anticipation of securing an arrest or prosecution in the
27 foreseeable future.
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29 In addition, except as provided in subparagraph 2., criminal
30 intelligence and criminal investigative information shall be
31 considered "active" while such information is directly related
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Florida Senate - 2000 CS for SB 2112
307-2174-00
1 to pending prosecutions or appeals. The word "active" shall
2 not apply to information in cases which are barred from
3 prosecution under the provisions of s. 775.15 or other statute
4 of limitation.
5 2. Criminal intelligence and criminal investigative
6 information in a capital case shall not be considered "active"
7 15 days after a sentence of death is imposed except for any
8 portion of such information that remains "active" under
9 sub-subparagraph 1.a. or sub-subparagraph 1.b. or relates to a
10 pending criminal trial in which judgment has not yet been
11 entered.
12 Section 2. Paragraphs (b) and (l) of subsection (3) of
13 section 119.07, Florida Statutes, are amended to read:
14 119.07 Inspection, examination, and duplication of
15 records; exemptions.--
16 (3)
17 (b) Active criminal intelligence information and
18 active criminal investigative information are exempt from the
19 provisions of subsection (1) and s. 24(a), Art. I of the State
20 Constitution. Such information ceases to be exempt in a
21 capital case 15 days after a sentence of death is imposed.
22 (l)1. A public record which was prepared by an agency
23 attorney (including an attorney employed or retained by the
24 agency or employed or retained by another public officer or
25 agency to protect or represent the interests of the agency
26 having custody of the record) or prepared at the attorney's
27 express direction, which reflects a mental impression,
28 conclusion, litigation strategy, or legal theory of the
29 attorney or the agency, and which was prepared exclusively for
30 civil or criminal litigation or for adversarial administrative
31 proceedings, or which was prepared in anticipation of imminent
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Florida Senate - 2000 CS for SB 2112
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1 civil or criminal litigation or imminent adversarial
2 administrative proceedings, is exempt from the provisions of
3 subsection (1) and s. 24(a), Art. I of the State Constitution
4 until the conclusion of the litigation or adversarial
5 administrative proceedings. Such records cease to be exempt in
6 a capital case 15 days after a sentence of death is imposed,
7 except that, for purposes of capital collateral litigation as
8 set forth in s. 27.7001, the Attorney General's office is
9 entitled to claim this exemption for those public records
10 prepared for direct appeal as well as for all capital
11 collateral litigation after direct appeal until execution of
12 sentence or imposition of a life sentence.
13 2. This exemption is not waived by the release of such
14 public record to another public employee or officer of the
15 same agency or any person consulted by the agency attorney.
16 When asserting the right to withhold a public record pursuant
17 to this paragraph, the agency shall identify the potential
18 parties to any such criminal or civil litigation or
19 adversarial administrative proceedings. If a court finds that
20 the document or other record has been improperly withheld
21 under this paragraph, the party seeking access to such
22 document or record shall be awarded reasonable attorney's fees
23 and costs in addition to any other remedy ordered by the
24 court.
25 Section 3. This act shall take effect upon the
26 effective date of rules adopted by the Supreme Court which
27 provide for the appointment of collateral counsel within a
28 specified period after the date a sentence of death is imposed
29 and which provide for public-records production during the
30 pendency of the direct appeal in capital cases.
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Florida Senate - 2000 CS for SB 2112
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2112
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4 - Revises public records exemptions in sections
119.011(3)(d)(2), 119.07(3)(b), and 119.07(3)(l), F.S.
5 These changes are designed to make the public records
exemptions expire 15 days after a sentence of death is
6 imposed. The intended effect is to disclose records and
thereby allow postconviction counsel to access records
7 in a death case when it is on direct appeal.
8 - Provides an exception for any portion of such
information that remains "active" as part of an ongoing
9 criminal intelligence and ongoing criminal investigation
or which relates to a pending criminal trail in which
10 judgment has not yet been entered.
11 - Provides an effective date contingent on the adoption of
specified Supreme Court rules.
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