Florida Senate - 2015 SB 1446 By Senator Richter 23-01727-15 20151446__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 570.077, F.S.; providing an exemption from public 4 records requirements for information received by the 5 Department of Agriculture and Consumer Services from 6 another state or federal agency and which is otherwise 7 confidential or exempt pursuant to the laws of the 8 other state or federal law; providing an exemption 9 from public records requirements for information 10 received or developed by the department as part of an 11 investigation with another state or federal agency; 12 providing applicability; providing for future 13 legislative review and repeal; providing a statement 14 of public necessity; providing a contingent effective 15 date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 570.077, Florida Statutes, is created to 20 read: 21 570.077 Confidentiality of intelligence and investigative 22 information.— 23 (1) The following information held by the Department of 24 Agriculture and Consumer Services before, on, or after July 1, 25 2015, is confidential and exempt from s. 119.07(1) and s. 24(a), 26 Art. I of the State Constitution: 27 (a) Criminal and civil intelligence, investigative 28 information, and any other information received from another 29 state or federal regulatory, administrative, or criminal justice 30 agency which is confidential or exempt pursuant to the laws of 31 the other state or federal law. 32 (b) Information that is received or developed by the 33 department as part of a joint or multiagency examination or 34 investigation with another state or federal regulatory, 35 administrative, or criminal justice agency. The department may 36 obtain and use the information in accordance with the conditions 37 imposed by the joint or multiagency agreement. 38 (2) Subsection (1) does not apply to information received 39 or developed by the department which would otherwise be 40 available for public inspection if the department had conducted 41 an independent examination or investigation under Florida law. 42 (3) This section is subject to the Open Government Sunset 43 Review Act in accordance with s. 119.15 and shall stand repealed 44 on October 2, 2020, unless reviewed and saved from repeal 45 through reenactment by the Legislature. 46 Section 2. (1) The Legislature finds that it is a public 47 necessity that criminal and civil intelligence, investigative 48 information, and any other information held by the Department of 49 Agriculture and Consumer Services before, on, or after July 1, 50 2015, which is received from another state or federal 51 regulatory, administrative, or criminal justice agency and which 52 is confidential or exempt pursuant to the laws of the other 53 state or federal law be made confidential and exempt from s. 54 119.07(1), Florida Statutes, and s. 24(a), Article I of the 55 State Constitution. Without the exemption, the department will 56 be unable to obtain information that could assist it in pursuing 57 violations of law under its jurisdiction. With this exemption, 58 the department should increase efficiency of investigations by 59 saving time in developing investigative leads, witness data, and 60 victim data. 61 (2) The Legislature finds that it is a public necessity 62 that information held by the Department of Agriculture and 63 Consumer Services which is received or developed by the 64 department as part of a joint or multiagency examination or 65 investigation with another state or federal regulatory, 66 administrative, or criminal justice agency be made confidential 67 and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 68 Article I of the State Constitution. The exemption is necessary 69 to enable the department to participate in joint or multiagency 70 investigations and examinations. Without the exemption, the 71 department would continue to be excluded from information due to 72 the inability to maintain investigative confidentiality. Without 73 the sharing and coordination of information, governmental 74 agencies may be required to conduct duplicative independent 75 investigations or examinations in order to meet their regulatory 76 responsibilities. With this exemption, the department will 77 strengthen relationships with other local, state, and federal 78 agencies, allowing them to become more efficient by sharing 79 critical intelligence and investigative data. 80 Section 3. This act shall take effect on the same date that 81 SB ____ or similar legislation takes effect, if such legislation 82 is adopted in the same legislative session or an extension 83 thereof and becomes a law.