HOUSE AMENDMENT
                                                 Bill No. HB 133-B
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Security, Select offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 1.  Paragraph (b) 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         (b)1.  Active criminal intelligence information and
23  active criminal investigative information are exempt from the
24  provisions of subsection (1) and s. 24(a), Art. I of the State
25  Constitution.
26         2.  A request by a law enforcement agency to inspect or
27  copy a public record held by another agency, the custodial
28  agency's response to such request, and any information that
29  would identify the public record that was requested by the law
30  enforcement agency or provided by the custodial agency are
31  exempt from the provisions of subsection (1) and s. 24(a),
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    File original & 9 copies    10/30/01                          
    hgr0003                     09:59 am         B0133-sec -094723

HOUSE AMENDMENT Bill No. HB 133-B Amendment No. 01 (for drafter's use only) 1 Art. I of the State Constitution, during the period in which 2 the information contained in the public record constitutes 3 active criminal intelligence information or active criminal 4 investigative information. The law enforcement agency shall 5 give written notice to the custodial agency when the criminal 6 intelligence information or criminal investigative information 7 is no longer active, thereby making the agency's response to 8 the request and information that would identify the public 9 record requested available to the public. This subparagraph is 10 subject to the Open Government Sunset Review Act of 1995, in 11 accordance with s. 119.15, and shall stand repealed on October 12 2, 2006, unless reviewed and saved from repeal through 13 reenactment by the Legislature. 14 Section 2. The Legislature finds that the exemption 15 from public records requirements which is provided by this act 16 is a public necessity because criminal investigations are 17 jeopardized when a law enforcement agency requests to inspect 18 or copy a public record, the custodial agency's response to 19 such a request, or other information that would identify the 20 records requested are available to the public. Persons who 21 obtain such information may inadvertently or purposefully make 22 the subjects of such investigations aware that an 23 investigation is active. If the subjects of an investigation 24 discover that the criminal activity in which they are engaged 25 is being investigated, the perpetrators of that activity may 26 flee, destroy evidence, evade prosecution, or accelerate the 27 timetable for the performance of that criminal activity. 28 Therefore, the Legislature finds that a request by a law 29 enforcement agency to inspect or copy public records that are 30 in the custody of another agency, as well as the custodial 31 agency's response to such a request, and any information that 2 File original & 9 copies 10/30/01 hgr0003 09:59 am B0133-sec -094723
HOUSE AMENDMENT Bill No. HB 133-B Amendment No. 01 (for drafter's use only) 1 would identify the specific records requested by a law 2 enforcement agency must be exempt during the period in which 3 the information constitutes active criminal intelligence 4 information or active criminal investigative information. 5 Section 3. This act shall take effect upon becoming a 6 law. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 remove from the title of the bill: the entire title 12 13 and insert in lieu thereof: 14 A bill to be entitled 15 An act relating to public records; amending s. 16 119.07, F.S.; providing an exemption from 17 public records requirements for a request by a 18 law enforcement agency to inspect or copy a 19 public record held by another agency, the 20 custodial agency's response to such request, 21 and any information that would identify the 22 requested public record, during the period in 23 which the information contained in the public 24 record constitutes active criminal intelligence 25 information or active criminal investigative 26 information; providing for future review and 27 repeal; providing a statement of public 28 necessity; providing an effective date. 29 30 31 3 File original & 9 copies 10/30/01 hgr0003 09:59 am B0133-sec -094723