Florida Senate - 2016                                     SB 564
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00581-16                                             2016564__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         creating an exemption from public records requirements
    4         for any portion of records generated by the Cold Case
    5         Task Force which contains active criminal intelligence
    6         information or active criminal investigative
    7         information; specifying that information made
    8         confidential or exempt from public records
    9         requirements retains its status once obtained by the
   10         task force; creating an exemption from public meetings
   11         requirements for any portion of a meeting of the task
   12         force in which confidential or exempt information is
   13         discussed or acted upon; providing for future repeal;
   14         providing 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. (1) Any portion of records generated by the Cold
   20  Case Task Force which contains active criminal intelligence
   21  information or active criminal investigative information, as
   22  those terms are defined in s. 119.011(3), Florida Statutes, is
   23  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   24  Article I of the State Constitution.
   25         (2) Information made confidential or exempt from s.
   26  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   27  State Constitution which is obtained by the Cold Case Task Force
   28  shall retain its confidential or exempt status.
   29         (3) Any portion of a meeting of the Cold Case Task Force in
   30  which information that is confidential or exempt from s.
   31  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   32  State Constitution is discussed or acted upon is exempt from s.
   33  286.011, Florida Statutes, and s. 24(b), Article I of the State
   34  Constitution.
   35         (4) This section is repealed December 1, 2017.
   36         Section 2. The Legislature finds that it is a public
   37  necessity that any portion of records generated by the Cold Case
   38  Task Force which contains active criminal intelligence
   39  information or active criminal investigative information be
   40  exempt from public records requirements. The widespread release
   41  of active criminal intelligence information or active criminal
   42  investigative information could jeopardize the integrity and
   43  effectiveness of ongoing criminal investigations; reveal the
   44  identities of confidential sources; and reveal investigative
   45  techniques and procedures. Thus, the Legislature finds that the
   46  harm that may result from the release of such information
   47  outweighs any public benefit that may be derived from the
   48  disclosure of the information. Further, the Legislature finds
   49  that it is a public necessity that any portion of a meeting of
   50  the Cold Case Task Force in which any information that is
   51  confidential or exempt from public records requirements is
   52  discussed or acted upon be exempt from public meetings
   53  requirements. Failure to close any portion of a meeting during
   54  which confidential or exempt information is discussed or acted
   55  upon would defeat the purpose of the public records exemption.
   56  This exemption is narrowly drawn in that it applies only to
   57  portions of meetings of the Cold Case Task Force in which
   58  confidential or exempt information is discussed or acted upon.
   59         Section 3. This act shall take effect on the same date that
   60  SB 174 or similar legislation takes effect, if such legislation
   61  is adopted in the same legislative session or an extension
   62  thereof and becomes a law.