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   33  119.15 and shall stand repealed on October 2, 2025, unless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.