Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for SB 1024 Ì216858TÎ216858 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 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 This paragraph is subject to the Open 22 Government Sunset Review Act in accordance with s. 119.15 and 23 shall stand repealed on October 2, 2025, unless reviewed and 24 saved from repeal through reenactment by the Legislature. 25 Section 2.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. 52 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.