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

       The Committee on Criminal Justice (Bean) recommended the
    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 other criminal justice agency at the request
   13  of the state attorney for the purpose of making an evidence
   14  based determination as to whether an identifiable person,
   15  identifiable persons, or a group of identifiable persons is
   16  innocent of the crime or crimes that he, she, or they have been
   17  convicted of committing.
   18         2. Postconviction reinvestigative information is
   19  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   20  of the State Constitution when it is related to an ongoing, good
   21  faith investigation of a claim of actual innocence until the
   22  claim is no longer capable of further reasonable investigation
   23  or the relief sought is granted. This paragraph is subject to
   24  the Open Government Sunset Review Act in accordance with s.
   25  119.15 and shall stand repealed on October 2, 2025, unless
   26  reviewed and saved from repeal through reenactment by the
   27  Legislature.
   28         Section 2. The Legislature finds that it is a public
   29  necessity that postconviction reinvestigative information be
   30  made confidential and exempt from s. 119.07(1), Florida
   31  Statutes, and s. 24(a), Article I of the State Constitution. The
   32  Legislature further finds that the information compiled by a
   33  state attorney's office, or another criminal justice agency upon
   34  the request of a state attorney, for the purpose of making an
   35  evidence-based determination as to whether an identifiable
   36  person or group of persons is innocent of the crime or crimes
   37  that he, she, or they have been convicted of committing be made
   38  confidential and exempt from s. 119.07(1), Florida Statutes, and
   39  s. 24(a), Article I of the State Constitution. The Legislature
   40  recognizes that it is in the public interest to safeguard,
   41  preserve, and protect information related to a claim of actual
   42  innocence by a person who may have been convicted of a crime or
   43  crimes that he, she, or they did not commit. It is necessary to
   44  protect this information in order to encourage witnesses, who
   45  might otherwise be reluctant to come forward, to be forthcoming
   46  with evidence of a crime or crimes. Further, the information
   47  compiled during the reinvestigation could reveal the identity of
   48  the person or persons who actually committed the crime or crimes
   49  which have been identified as the perpetrator or perpetrators.
   50  It is in the interest of the pursuit of justice that all
   51  postconviction reinvestigation information be protected until
   52  such investigation is concluded.
   53         Section 3. This act shall take effect July 1, 2020.
   55  ================= T I T L E  A M E N D M E N T ================
   56  And the title is amended as follows:
   57         Delete everything before the enacting clause
   58  and insert:
   59                        A bill to be entitled                      
   60         An act relating to public records; amending s.
   61         119.071, F.S.; defining the term "postconviction
   62         reinvestigative information"; providing an exemption
   63         from public recrods requirements for certain
   64         postconviction reinvestigative information; providing
   65         for future review and repeal of the exemption;
   66         providing a statement of public necessity; providing
   67         an effective date.