Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1024 Ì765140vÎ765140 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (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 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 This paragraph is subject to 24 the Open Government Sunset Review Act in accordance with s. 25 119.15 and shall stand repealed on October 2, 2025, unless 26 reviewed and saved from repeal through reenactment by the 27 Legislature. 28 Section 2.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. 54 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.