Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 1446 Ì752452!Î752452 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/23/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 570.077, Florida Statutes, is created to 6 read: 7 570.077 Confidentiality of intelligence or investigative 8 information.— 9 (1) Criminal or civil intelligence or investigative 10 information, or any other information, held by the department as 11 part of a joint or multiagency examination or investigation with 12 another state or federal regulatory, administrative, or criminal 13 justice agency is confidential and exempt from s. 119.07(1) and 14 s. 24(a), Art. I of the State Constitution. The department may 15 obtain, use, and release the information in accordance with the 16 conditions imposed by the joint or multiagency agreement. 17 (2) The department may release information that is made 18 confidential and exempt under subsection (1): 19 (a) In the furtherance of its official duties and 20 responsibilities. 21 (b) To another governmental agency in the furtherance of 22 its official duties and responsibilities. 23 (3) The public record exemption provided in subsection (1) 24 does not apply to information held by the department as part of 25 an independent examination or investigation conducted by the 26 department. 27 (4) This section is subject to the Open Government Sunset 28 Review Act in accordance with s. 119.15 and shall stand repealed 29 on October 2, 2020, unless reviewed and saved from repeal 30 through reenactment by the Legislature. 31 Section 2. The Legislature finds that it is a public 32 necessity that criminal or civil intelligence or investigative 33 information, or any other information, held by the Department of 34 Agriculture and Consumer Services as part of a joint or 35 multiagency examination or investigation with another state or 36 federal regulatory, administrative, or criminal justice agency 37 be made confidential and exempt from s. 119.07(1), Florida 38 Statutes, and s. 24(a), Art. I of the State Constitution. 39 Without the exemption, the department will be unable to obtain 40 information that could assist it in pursuing violations of law 41 under its jurisdiction. With this exemption, the department 42 should increase efficiency of investigations by saving time on 43 developing investigative leads, witness data, and victim data. 44 Furthermore, the exemption is necessary to enable the department 45 to participate in joint or multiagency investigations and 46 examinations. Without the exemption, the department would 47 continue to be excluded from information due to the inability to 48 maintain investigative confidentiality. Without the sharing and 49 coordination of information, governmental agencies may be 50 required to conduct duplicative independent investigations or 51 examinations in order to meet their regulatory responsibilities. 52 With this exemption, the department will strengthen 53 relationships with other local, state, and federal agencies, 54 allowing them to become more efficient by sharing critical 55 investigative data. 56 Section 3. This act shall take effect upon becoming a law 57 if SB 1444 or similar legislation is adopted in the same 58 legislative session or an extension thereof and becomes law. 59 60 ================= T I T L E A M E N D M E N T ================ 61 And the title is amended as follows: 62 Delete everything before the enacting clause 63 and insert: 64 A bill to be entitled 65 An act relating to public records; creating s. 66 570.077, F.S.; providing an exemption from public 67 records requirements for criminal or civil 68 intelligence or investigative information, or any 69 other information, held by the Department of 70 Agriculture and Consumer Services as part of an 71 investigation with another state or federal 72 regulatory, administrative, or criminal justice 73 agency; providing exceptions to the public records 74 exemption; providing applicability; providing for 75 future legislative review and repeal of the exemption 76 under the Open Government Sunset Review Act; providing 77 a statement of public necessity; providing a 78 contingent effective date.