Florida Senate - 2015                      CS for CS for SB 1446
       
       
        
       By the Committees on Rules; and Governmental Oversight and
       Accountability; and Senator Richter
       
       
       
       
       595-03411-15                                          20151446c2
    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 criminal or civil
    5         intelligence or investigative information, or any
    6         other information, held by the Department of
    7         Agriculture and Consumer Services as part of an
    8         investigation with another state or federal
    9         regulatory, administrative, or criminal justice
   10         agency; providing exceptions to the public records
   11         exemption; providing applicability; providing for
   12         future legislative review and repeal of the exemption
   13         under the Open Government Sunset Review Act; providing
   14         a statement of public necessity; providing a
   15         contingent effective 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 or investigative
   22  information.—
   23         (1) Criminal or civil intelligence or investigative
   24  information, or any other information, held by the department as
   25  part of a joint or multiagency examination or investigation with
   26  another state or federal regulatory, administrative, or criminal
   27  justice agency which is confidential or exempt under the laws or
   28  regulations of that state or federal agency is confidential and
   29  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   30  Constitution. The department may obtain, use, and release the
   31  information in accordance with the conditions imposed by the
   32  joint or multiagency agreement.
   33         (2) The department may release information that is made
   34  confidential and exempt under subsection (1):
   35         (a) In the furtherance of its official duties and
   36  responsibilities.
   37         (b) To another governmental agency in the furtherance of
   38  its official duties and responsibilities.
   39         (3) The public record exemption provided in subsection (1)
   40  does not apply to information held by the department as part of
   41  an independent examination or investigation conducted by the
   42  department.
   43         (4) This section is subject to the Open Government Sunset
   44  Review Act in accordance with s. 119.15 and shall stand repealed
   45  on October 2, 2020, unless reviewed and saved from repeal
   46  through reenactment by the Legislature.
   47         Section 2. The Legislature finds that it is a public
   48  necessity that criminal or civil intelligence or investigative
   49  information, or any other information, held by the Department of
   50  Agriculture and Consumer Services as part of a joint or
   51  multiagency examination or investigation with another state or
   52  federal regulatory, administrative, or criminal justice agency
   53  which is confidential or exempt under the laws or regulations of
   54  that state or federal agency be made confidential and exempt
   55  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   56  the State Constitution. Without the exemption, the department
   57  will be unable to obtain information that could assist it in
   58  pursuing violations of law under its jurisdiction. With this
   59  exemption, the department should increase efficiency of
   60  investigations by saving time on developing investigative leads,
   61  witness data, and victim data. Furthermore, the exemption is
   62  necessary to enable the department to participate in joint or
   63  multiagency investigations and examinations. Without the
   64  exemption, the department would continue to be excluded from
   65  information due to the inability to maintain investigative
   66  confidentiality. Without the sharing and coordination of
   67  information, governmental agencies may be required to conduct
   68  duplicative independent investigations or examinations in order
   69  to meet their regulatory responsibilities. With this exemption,
   70  the department will strengthen relationships with other local,
   71  state, and federal agencies, allowing them to become more
   72  efficient by sharing critical investigative data.
   73         Section 3. This act shall take effect upon becoming a law
   74  if SB 1444 or similar legislation is adopted in the same
   75  legislative session or an extension thereof and becomes law.