| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act regarding active criminal intelligence |
| 4 | information and active criminal investigative information; |
| 5 | amending s. 119.071, F.S., which provides an exemption |
| 6 | from public records requirements for a request made by a |
| 7 | law enforcement agency to inspect or copy a public record |
| 8 | that is in the custody of another agency and the |
| 9 | custodian's response to the request, and any information |
| 10 | that would identify whether a law enforcement agency has |
| 11 | requested or received such public record; clarifying and |
| 12 | reorganizing the exemption; removing the scheduled repeal |
| 13 | of the exemption under the Open Government Sunset Review |
| 14 | Act; reenacting s. 119.07(1)(e), F.S., relating to |
| 15 | inspection of a public record in a civil action in which |
| 16 | an exemption from public records requirements is asserted |
| 17 | under or by virtue of s. 119.071(2)(c), to incorporate the |
| 18 | amendment to s. 119.071, F.S., in a reference thereto; |
| 19 | providing an effective date. |
| 20 |
|
| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
|
| 23 | Section 1. Paragraph (c) of subsection (2) of section |
| 24 | 119.071, Florida Statutes, is amended to read: |
| 25 | 119.071 General exemptions from inspection or copying of |
| 26 | public records.-- |
| 27 | (2) AGENCY INVESTIGATIONS.-- |
| 28 | (c)1. Active criminal intelligence information and active |
| 29 | criminal investigative information are exempt from s. 119.07(1) |
| 30 | and s. 24(a), Art. I of the State Constitution. |
| 31 | 2.a. A request made by of a law enforcement agency to |
| 32 | inspect or copy a public record that is in the custody of |
| 33 | another agency, the custodian's response to the request, and any |
| 34 | information that would identify whether a law enforcement agency |
| 35 | has requested or received that the public record that was |
| 36 | requested by the law enforcement agency or provided by the |
| 37 | custodian are exempt from s. 119.07(1) and s. 24(a), Art. I of |
| 38 | the State Constitution, during the period in which the |
| 39 | information constitutes active criminal intelligence information |
| 40 | or active criminal investigative information that is active. |
| 41 | This exemption is remedial in nature, and it is the intent of |
| 42 | the Legislature that the exemption be applied to requests for |
| 43 | information received before, on, or after the effective date of |
| 44 | this subparagraph. |
| 45 | b. The law enforcement agency that made the request to |
| 46 | inspect or copy a public record shall give notice to the |
| 47 | custodial agency when the criminal intelligence information or |
| 48 | criminal investigative information is no longer active, so that |
| 49 | the request made by the law enforcement agency, the custodian's |
| 50 | response to the request, and information that would identify |
| 51 | whether the law enforcement agency had requested or received |
| 52 | that the public record requested are available to the public. |
| 53 | c. This exemption is remedial in nature, and it is the |
| 54 | intent of the Legislature that the exemption be applied to |
| 55 | requests to inspect or copy public records received by the |
| 56 | custodial agency before, on, or after the effective date of this |
| 57 | subparagraph. This subparagraph is subject to the Open |
| 58 | Government Sunset Review Act in accordance with s. 119.15 and |
| 59 | shall stand repealed October 2, 2007, unless reviewed and saved |
| 60 | from repeal through reenactment by the Legislature. |
| 61 | Section 2. For the purpose of incorporating the amendment |
| 62 | made by this act to section 119.071, Florida Statutes, in a |
| 63 | reference thereto, paragraph (e) of subsection (1) of section |
| 64 | 119.07, Florida Statutes, is reenacted to read: |
| 65 | 119.07 Inspection and copying of records; photographing |
| 66 | public records; fees; exemptions.-- |
| 67 | (1) |
| 68 | (e) In any civil action in which an exemption to this |
| 69 | section is asserted, if the exemption is alleged to exist under |
| 70 | or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or (f), or |
| 71 | (4)(c), the public record or part thereof in question shall be |
| 72 | submitted to the court for an inspection in camera. If an |
| 73 | exemption is alleged to exist under or by virtue of s. |
| 74 | 119.071(2)(c), an inspection in camera is discretionary with the |
| 75 | court. If the court finds that the asserted exemption is not |
| 76 | applicable, it shall order the public record or part thereof in |
| 77 | question to be immediately produced for inspection or copying as |
| 78 | requested by the person seeking such access. |
| 79 | Section 3. This act shall take effect October 1, 2007. |