Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1536
       
       
       
       
       
       
                                Ì601734!Î601734                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2015           .                                
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) is added to section 895.06,
    6  Florida Statutes, to read:
    7         895.06 Civil investigative subpoenas; public records
    8  exemption.—
    9         (7)(a) Information held by an investigative agency pursuant
   10  to an investigation of a violation of s. 895.03 is confidential
   11  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   12  Constitution.
   13         (b) Information made confidential and exempt under
   14  paragraph (a) may be disclosed by the investigative agency to:
   15         1. A government entity in the performance of its official
   16  duties.
   17         2. A court or tribunal.
   18         (c) Information made confidential and exempt under
   19  paragraph (a) is no longer confidential and exempt once all
   20  investigations to which the information pertains are completed,
   21  unless the information is otherwise protected by law.
   22         (d) For purposes of this subsection, an investigation is
   23  considered complete once the investigative agency either files
   24  an action or closes its investigation without filing an action.
   25         (e) This subsection is subject to the Open Government
   26  Sunset Review Act in accordance with s. 119.15 and shall stand
   27  repealed on October 2, 2020, unless reviewed and saved from
   28  repeal through reenactment by the Legislature.
   29         Section 2. The Legislature finds that it is a public
   30  necessity that the information held by an investigative agency
   31  pursuant to an investigation of a violation of s. 895.03,
   32  Florida Statutes, relating to an activity prohibited under the
   33  Florida RICO Act, be made confidential and exempt from s.
   34  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   35  State Constitution. Because a Florida RICO Act investigation
   36  conducted by an investigative agency may lead to the filing of a
   37  civil action, the premature release of the information held by
   38  such investigative agency could frustrate or thwart the
   39  investigation and impair the ability of the investigative agency
   40  to effectively and efficiently administer its duties under the
   41  Florida RICO Act, ss. 895.01-895.09, Florida Statutes. This
   42  exemption also protects the reputation of the potential
   43  defendant in the event that the investigation is closed without
   44  the filing of a civil action. Further, without this exemption, a
   45  potential defendant under the Florida RICO Act may learn of the
   46  investigation and dissipate his or her assets and thwart any
   47  future enforcement action under the act. Therefore, the
   48  Legislature finds that it is a public necessity that the
   49  documents and information held by the investigative agency
   50  pursuant to an investigation of a violation of s. 895.03,
   51  Florida Statutes, relating to an activity prohibited under the
   52  Florida RICO Act, be made confidential and exempt from public
   53  records requirements.
   54         Section 3. This act shall take effect on the same date that
   55  SB 1514 or similar legislation relating to offenses concerning
   56  racketeering and illegal debts takes effect, if such legislation
   57  is enacted in the same legislative session or an extension
   58  thereof and becomes law.
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete everything before the enacting clause
   62  and insert:
   63                        A bill to be entitled                      
   64         An act relating to public records; amending s. 895.06,
   65         F.S.; providing an exemption from public records
   66         requirements for certain documents and information
   67         held by an investigative agency pursuant to an
   68         investigation relating to an activity prohibited under
   69         the Florida RICO Act; authorizing disclosure of such
   70         documents and information under certain conditions;
   71         providing for future legislative review and repeal of
   72         the exemption; providing a statement of public
   73         necessity; providing a contingent effective date.