Senate Bill sb7004pb

    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7004

    FOR CONSIDERATION By the Committee on Criminal Justice





    591-565A-07

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         119.071, F.S., relating to requests for public

  5         records by law enforcement agencies; clarifying

  6         that the exemption applies during the period

  7         that the information identifying a

  8         public-records request constitutes active

  9         criminal intelligence information; saving the

10         exemption from repeal under the Open Government

11         Sunset Review Act; deleting provisions that

12         provide for the repeal of the exemption;

13         providing an effective date.

14  

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

16  

17         Section 1.  Paragraph (c) of subsection (2) of section

18  119.071, Florida Statutes, is amended to read:

19         119.071  General exemptions from inspection or copying

20  of public records.--

21         (2)  AGENCY INVESTIGATIONS.--

22         (c)1.  Active criminal intelligence information and

23  active criminal investigative information are exempt from s.

24  119.07(1) and s. 24(a), Art. I of the State Constitution.

25         2.a.  A request made by of a law enforcement agency to

26  inspect or copy a public record that is in the custody of

27  another agency, the custodian's response to the request, and

28  any information that would identify the public record that has

29  been was requested by the law enforcement agency or provided

30  by the custodian are exempt from s. 119.07(1) and s. 24(a),

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

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






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7004
    591-565A-07




 1  the information constitutes active criminal intelligence

 2  information or active criminal investigative information that

 3  is active. This exemption is remedial in nature, and it is the

 4  intent of the Legislature that the exemption be applied to

 5  requests for information received before, on, or after the

 6  effective date of this subparagraph.

 7         b.  The law enforcement agency that made the request to

 8  inspect or copy a public record shall give notice to the

 9  custodial agency when the criminal intelligence information or

10  criminal investigative information is no longer active, so

11  that the request made by the law enforcement agency, the

12  custodian's response to the request, and information that

13  would identify the public record requested are available to

14  the public.

15         c.  This exemption is remedial in nature, and it is the

16  intent of the Legislature that the exemption be applied to

17  requests for information received before, on, or after the

18  effective date of this paragraph. This subparagraph is subject

19  to the Open Government Sunset Review Act in accordance with s.

20  119.15 and shall stand repealed October 2, 2007, unless

21  reviewed and saved from repeal through reenactment by the

22  Legislature.

23         Section 2.  This act shall take effect October 1, 2007.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Clarifies an exemption from the public-records law which
      is provided for information identifying requests for
28    public records by law enforcement agencies. Removes the
      repeal of the exemption scheduled to occur on October 2,
29    2007, under the Open Government Sunset Review Act.

30  

31  

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