Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1024
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Governmental Oversight and Accountability
       (Bean) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (q) is added to subsection (2) of
    6  section 119.071, Florida Statutes, to read:
    7         119.071 General exemptions from inspection or copying of
    8  public records.—
    9         (2) AGENCY INVESTIGATIONS.—
   10         (q)1.As used in this paragraph, the term “postconviction
   11  reinvestigative information” means information compiled by a
   12  state attorney, or any other criminal justice agency at the
   13  request of the state attorney, for the purpose of making an
   14  evidence-based determination as to whether a person is innocent
   15  of a crime for which he or she was convicted.
   16         2.Postconviction reinvestigative information is exempt
   17  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   18  if it is related to an ongoing, good faith investigation of a
   19  claim of actual innocence and remains exempt until the claim is
   20  no longer capable of further reasonable investigation or the
   21  relief sought is granted. This paragraph is subject to the Open
   22  Government Sunset Review Act in accordance with s. 119.15 and
   23  shall stand repealed on October 2, 2025, unless reviewed and
   24  saved from repeal through reenactment by the Legislature.
   25         Section 2. The Legislature finds that it is a public
   26  necessity that postconviction reinvestigative information be
   27  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   28  Article I of the State Constitution if it is related to an
   29  ongoing, good faith investigation of a claim of actual innocence
   30  and remains exempt until the claim is no longer capable of
   31  further reasonable investigation or the relief sought is
   32  granted. Public release of postconviction reinvestigative
   33  information could result in the disclosure of sensitive
   34  information, such as the identity or location of an alternate
   35  suspect, a witness, or other evidence needed to exonerate a
   36  wrongfully convicted person, which could compromise the
   37  reinvestigation of a wrongfully convicted person’s case. The
   38  Legislature further finds that it is necessary to protect this
   39  information in order to encourage witnesses, who might otherwise
   40  be reluctant to come forward, to be forthcoming with evidence of
   41  a crime. It is in the interest of pursuing justice for persons
   42  who may have been wrongfully convicted that all postconviction
   43  reinvestigative information be protected until investigation of
   44  the claim of actual innocence is concluded. The Legislature
   45  finds that the harm that may result from the release of such
   46  information outweighs any public benefit that may be derived
   47  from its disclosure, and it is in the interest of the public to
   48  safeguard, preserve, and protect information relating to a claim
   49  of actual innocence by a person who may have been convicted of a
   50  crime he or she did not commit.
   51         Section 3. This act shall take effect July 1, 2020.
   53  ================= T I T L E  A M E N D M E N T ================
   54  And the title is amended as follows:
   55         Delete everything before the enacting clause
   56  and insert:
   57                        A bill to be entitled                      
   58         An act relating to public records; amending s.
   59         119.071, F.S.; defining the term “postconviction
   60         reinvestigative information”; providing an exemption
   61         from public records requirements for certain
   62         postconviction reinvestigative information; providing
   63         for future review and repeal of the exemption;
   64         providing a statement of public necessity; providing
   65         an effective date.