Florida Senate - 2020 CS for SB 1024 By the Committee on Criminal Justice; and Senator Bean 591-02752-20 20201024c1 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; defining the term “postconviction 4 reinvestigative information”; providing an exemption 5 from public records requirements for certain 6 postconviction reinvestigative information; providing 7 for future review and repeal of the exemption; 8 providing a statement of public necessity; providing 9 an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (q) is added to subsection (2) of 14 section 119.071, Florida Statutes, to read: 15 119.071 General exemptions from inspection or copying of 16 public records.— 17 (2) AGENCY INVESTIGATIONS.— 18 (q)1. As used in this paragraph, the term “postconviction 19 reinvestigative information” means information compiled by a 20 state attorney or other criminal justice agency at the request 21 of the state attorney for the purpose of making an evidence 22 based determination as to whether an identifiable person, 23 identifiable persons, or a group of identifiable persons is 24 innocent of the crime or crimes that he, she, or they have been 25 convicted of committing. 26 2. Postconviction reinvestigative information is 27 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 28 of the State Constitution when it is related to an ongoing, good 29 faith investigation of a claim of actual innocence until the 30 claim is no longer capable of further reasonable investigation 31 or the relief sought is granted. This paragraph is subject to 32 the Open Government Sunset Review Act in accordance with s. 33 119.15 and shall stand repealed on October 2, 2025, unless 34 reviewed and saved from repeal through reenactment by the 35 Legislature. 36 Section 2. The Legislature finds that it is a public 37 necessity that postconviction reinvestigative information be 38 made confidential and exempt from s. 119.07(1), Florida 39 Statutes, and s. 24(a), Article I of the State Constitution. The 40 Legislature further finds that the information compiled by a 41 state attorney’s office, or another criminal justice agency upon 42 the request of a state attorney, for the purpose of making an 43 evidence-based determination as to whether an identifiable 44 person or group of persons is innocent of the crime or crimes 45 that he, she, or they have been convicted of committing be made 46 confidential and exempt from s. 119.07(1), Florida Statutes, and 47 s. 24(a), Article I of the State Constitution. The Legislature 48 recognizes that it is in the public interest to safeguard, 49 preserve, and protect information related to a claim of actual 50 innocence by a person who may have been convicted of a crime or 51 crimes that he, she, or they did not commit. It is necessary to 52 protect this information in order to encourage witnesses, who 53 might otherwise be reluctant to come forward, to be forthcoming 54 with evidence of a crime or crimes. Further, the information 55 compiled during the reinvestigation could reveal the identity of 56 the person or persons who actually committed the crime or crimes 57 which have been identified as the perpetrator or perpetrators. 58 It is in the interest of the pursuit of justice that all 59 postconviction reinvestigation information be protected until 60 such investigation is concluded. 61 Section 3. This act shall take effect July 1, 2020.