Senate Bill sb0816c1
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Florida Senate - 2007 CS for SB 816
By the Committees on Governmental Operations; and Criminal
Justice
585-2172-07
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.
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15 Be It Enacted by the Legislature of the State of Florida:
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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 and, the custodian's response to the request,
28 and any information that would identify whether a law
29 enforcement agency has requested or received that the public
30 record that was requested by the law enforcement agency or
31 provided by the custodian are exempt from s. 119.07(1) and s.
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Florida Senate - 2007 CS for SB 816
585-2172-07
1 24(a), Art. I of the State Constitution, during the period in
2 which the information constitutes active criminal intelligence
3 information or active criminal investigative information that
4 is active. This exemption is remedial in nature, and it is the
5 intent of the Legislature that the exemption be applied to
6 requests for information received before, on, or after the
7 effective date of this subparagraph.
8 b. The law enforcement agency that made the request to
9 inspect or copy a public record shall give notice to the
10 custodial agency when the criminal intelligence information or
11 criminal investigative information is no longer active, so
12 that the request made by the law enforcement agency, the
13 custodian's response to the request, and information that
14 would identify whether the law enforcement agency had
15 requested or received that the public record requested are
16 available to the public.
17 c. This exemption is remedial in nature, and it is the
18 intent of the Legislature that the exemption be applied to
19 requests for information received before, on, or after the
20 effective date of this paragraph. This subparagraph is subject
21 to the Open Government Sunset Review Act in accordance with s.
22 119.15 and shall stand repealed October 2, 2007, unless
23 reviewed and saved from repeal through reenactment by the
24 Legislature.
25 Section 2. This act shall take effect October 1, 2007.
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Florida Senate - 2007 CS for SB 816
585-2172-07
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 816
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4 Clarifies that any information that would identify whether a
law enforcement agency has requested or received a public
5 record from another agency is protected during the period when
the information is active criminal intelligence or
6 investigative information.
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