HB 1765 2003
1	A bill to be entitled
2	An act relating to public necessity statements for public
3	records and public meetings exemptions; repealing s.
4	430.015, F.S.; removing a public necessity statement for a
5	public records exemption for identifying information
6	contained in records of elderly persons collected and held
7	by the Department of Elderly Affairs; amending s. 440.132,
8	F.S.; removing a public necessity statement for a public
9	records exemption for investigatory records of the Agency
10	for Health Care Administration made or received pursuant
11	to a workers' compensation managed care arrangement and
12	examination records necessary to complete an
13	investigation; repealing s. 723.0065, F.S.; removing a
14	public necessity statement for a public records exemption
15	for specified financial records of mobile home park owners
16	acquired by the Division of Florida Land Sales,
17	Condominiums, and Mobile Homes of the Department of
18	Business and Professional Regulation, and the Bureau of
19	Mobile Homes of the division; repealing s. 768.301, F.S.;
20	removing a public necessity statement for a public records
21	exemption for certain claims files records and minutes of
22	meetings and proceedings relating to risk management
23	programs entered into by the state and its agencies and
24	subdivisions, and a public meetings exemption for
25	proceedings and meetings regarding claims filed; repealing
26	s. 815.045, F.S.; removing a public necessity statement
27	for a public records exemption for data, programs, or
28	supporting documentation which are trade secrets and which
29	reside or exist internal or external to a computer,
30	computer system, or computer network and which are held by
31	an agency; amending s. 943.031, F.S.; removing a public
32	necessity statement for a public records and public
33	meetings exemption for specified portions of meetings of
34	the Florida Violent Crime and Drug Control Council,
35	specified portions of public records generated at closed
36	council meetings, and documents related to active criminal
37	investigations or matters constituting active criminal
38	intelligence; providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1. Section 430.015, Florida Statutes, is repealed.
43	Section 2. Section 440.132, Florida Statutes, is amended
44	to read:
45	440.132 Investigatory records relating to workers'
46	compensation managed care arrangements; confidentiality.--
47	(1)All investigatory records of the Agency for Health
48	Care Administration made or received pursuant to s. 440.134 and
49	any examination records necessary to complete an investigation
50	are confidential and exempt from the provisions of s. 119.07(1)
51	and s. 24(a), Art. I of the State Constitution until the
52	investigation is completed or ceases to be active, except that
53	portions of medical records which specifically identify patients
54	must remain confidential and exempt. An investigation is
55	considered "active" while such investigation is being conducted
56	by the agency with a reasonable, good faith belief that it may
57	lead to the filing of administrative, civil, or criminal
58	proceedings. An investigation does not cease to be active if the
59	agency is proceeding with reasonable dispatch and there is good
60	faith belief that action may be initiated by the agency or other
61	administrative or law enforcement agency.
62	(2) The Legislature finds that it is a public necessity
63	that these investigatory and examination records be held
64	confidential and exempt during an investigation in order not to
65	compromise the investigation and disseminate potentially
66	inaccurate information. To the extent this information is made
67	available to the public, those persons being investigated will
68	have access to such information which would potentially defeat
69	the purpose of the investigation. This would impede the
70	effective and efficient operation of investigatory governmental
71	functions.
72	Section 3. Sections 723.0065, 768.301, and 815.045,
73	Florida Statutes, are repealed.
74	Section 4. Paragraph (a) of subsection (7) of section
75	943.031, Florida Statutes, is amended to read:
76	943.031 Florida Violent Crime and Drug Control Council.--
77	(7) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL MEETINGS
78	AND RECORDS.--
79	(a)1.The Legislature finds that during limited portions
80	of the meetings of the Florida Violent Crime and Drug Control
81	Council it is necessary that the council be presented with and
82	discuss details, information, and documents related to active
83	criminal investigations or matters constituting active criminal
84	intelligence, as those concepts are defined by s. 119.011. These
85	presentations and discussions are necessary for the council to
86	make its funding decisions as required by the Legislature. The
87	Legislature finds that to reveal the contents of documents
88	containing active criminal investigative or intelligence
89	information or to allow active criminal investigative or active
90	criminal intelligence matters to be discussed in a meeting open
91	to the public negatively impacts the ability of law enforcement
92	agencies to efficiently continue their investigative or
93	intelligence gathering activities. The Legislature finds that
94	information coming before the council that pertains to active
95	criminal investigations or intelligence should remain
96	confidential and exempt from public disclosure. The Legislature
97	finds that the Florida Violent Crime and Drug Control Council
98	may, by declaring only those portions of council meetings in
99	which active criminal investigative or active criminal
100	intelligence information is to be presented or discussed closed
101	to the public, assure an appropriate balance between the policy
102	of this state that meetings be public and the policy of this
103	state to facilitate efficient law enforcement efforts.
104	2. The Legislature finds that it is a public necessity
105	that portions of the meetings of the Florida Violent Crime and
106	Drug Control Council be closed when the confidential details,
107	information, and documents related to active criminal
108	investigations or matters constituting active criminal
109	intelligence are discussed. The Legislature further finds that
110	it is no less a public necessity that portions of public records
111	generated at closed council meetings, such as tape recordings,
112	minutes, and notes, memorializing the discussions regarding such
113	confidential details, information, and documents related to
114	active criminal investigations or matters constituting active
115	criminal intelligence, also shall be held confidential.
116	Section 5. This act shall take effect upon becoming a law.