House Bill hb0133Be1

                                         HB 133-B, First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from

  4         public records requirements for a request by a

  5         law enforcement agency to inspect or copy a

  6         public record held by another agency, the

  7         custodial agency's response to such request,

  8         and any information that would identify the

  9         requested public record, during the period in

10         which the information contained in the public

11         record constitutes active criminal intelligence

12         information or active criminal investigative

13         information; providing for future review and

14         repeal;  providing a statement of public

15         necessity; providing an effective date.

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

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19         Section 1.  Paragraph (b) of subsection (3) of section

20  119.07, Florida Statutes, is amended to read:

21         119.07  Inspection, examination, and duplication of

22  records; exemptions.--

23         (3)

24         (b)1.  Active criminal intelligence information and

25  active criminal investigative information are exempt from the

26  provisions of subsection (1) and s. 24(a), Art. I of the State

27  Constitution.

28         2.  A request by a law enforcement agency to inspect or

29  copy a public record held by another agency, the custodial

30  agency's response to such request, and any information that

31  would identify the public record that was requested by the law


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                                         HB 133-B, First Engrossed



  1  enforcement agency or provided by the custodial agency are

  2  exempt from the provisions of subsection (1) and s. 24(a),

  3  Art. I of the State Constitution, during the period in which

  4  the information contained in the public record constitutes

  5  active criminal intelligence information or active criminal

  6  investigative information. The law enforcement agency shall

  7  give written notice to the custodial agency when the criminal

  8  intelligence information or criminal investigative information

  9  is no longer active, thereby making the agency's response to

10  the request and information that would identify the public

11  record requested available to the public. This subparagraph is

12  subject to the Open Government Sunset Review Act of 1995, in

13  accordance with s. 119.15, and shall stand repealed on October

14  2, 2006, unless reviewed and saved from repeal through

15  reenactment by the Legislature.

16         Section 2.  The Legislature finds that the exemption

17  from public records requirements which is provided by this act

18  is a public necessity because criminal investigations are

19  jeopardized when a law enforcement agency requests to inspect

20  or copy a public record, the custodial agency's response to

21  such a request, or other information that would identify the

22  records requested are available to the public. Persons who

23  obtain such information may inadvertently or purposefully make

24  the subjects of such investigations aware that an

25  investigation is active. If the subjects of an investigation

26  discover that the criminal activity in which they are engaged

27  is being investigated, the perpetrators of that activity may

28  flee, destroy evidence, evade prosecution, or accelerate the

29  timetable for the performance of that criminal activity.

30  Therefore, the Legislature finds that a request by a law

31  enforcement agency to inspect or copy public records that are


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                                         HB 133-B, First Engrossed



  1  in the custody of another agency, as well as the custodial

  2  agency's response to such a request, and any information that

  3  would identify the specific records requested by a law

  4  enforcement agency must be exempt during the period in which

  5  the information constitutes active criminal intelligence

  6  information or active criminal investigative information.

  7         Section 3.  This act shall take effect upon becoming a

  8  law.

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