CS for SB 1048                             First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20211048e1
       
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; defining the terms “conviction
    4         integrity unit” and “conviction integrity unit
    5         reinvestigation information”; providing a public
    6         records exemption for certain conviction integrity
    7         unit reinvestigation information; providing for the
    8         future review and repeal of the exemption; providing a
    9         statement of public necessity; providing an effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (q) is added to subsection (2) of
   15  section 119.071, Florida Statutes, to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (2) AGENCY INVESTIGATIONS.—
   19         (q)1. As used in this paragraph, the term:
   20         a. “Conviction integrity unit” means a unit within a state
   21  attorney’s office established for the purpose of reviewing
   22  plausible claims of actual innocence.
   23         b. “Conviction integrity unit reinvestigation information”
   24  means information or materials generated during a new
   25  investigation by a conviction integrity unit following the
   26  unit’s formal written acceptance of an applicant’s case. The
   27  term does not include:
   28         (I) Information, materials, or records generated by a state
   29  attorney’s office during an investigation done for the purpose
   30  of responding to motions made pursuant to Rule 3.800, Rule
   31  3.850, or Rule 3.853, Florida Rules of Criminal Procedure, or
   32  any other collateral proceeding.
   33         (II) Petitions by applicants to the conviction integrity
   34  unit.
   35         (III) Criminal investigative information generated before
   36  the commencement of a conviction integrity unit investigation
   37  which is not otherwise exempt from this section.
   38         2. Conviction integrity unit reinvestigation information is
   39  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   40  Constitution for a reasonable period of time during an active,
   41  ongoing, and good faith investigation of a claim of actual
   42  innocence in a case that previously resulted in the conviction
   43  of the accused person and until the claim is no longer capable
   44  of further investigation. This paragraph is subject to the Open
   45  Government Sunset Review Act in accordance with s. 119.15 and
   46  shall stand repealed on October 2, 2026, unless reviewed and
   47  saved from repeal through reenactment by the Legislature.
   48         Section 2. The Legislature finds that it is a public
   49  necessity that conviction integrity unit reinvestigation
   50  information be made exempt from s. 119.07(1), Florida Statutes,
   51  and s. 24(a), Article I of the State Constitution for a
   52  reasonable period of time during an active, ongoing, and good
   53  faith investigation of a claim of actual innocence in a case
   54  that previously resulted in the conviction of the accused person
   55  and until the claim is no longer capable of further
   56  investigation. Public release of conviction integrity unit
   57  reinvestigation information could result in the disclosure of
   58  sensitive information, such as the identity or location of an
   59  alternate suspect, a witness, or other evidence needed to
   60  exonerate a wrongfully convicted person, which could compromise
   61  the investigation of a wrongfully convicted person’s case. The
   62  Legislature further finds that it is necessary to protect this
   63  information in order to encourage witnesses, who might otherwise
   64  be reluctant to come forward, to be forthcoming with evidence of
   65  a crime. It is in the interest of pursuing justice for persons
   66  who may have been wrongfully convicted that all conviction
   67  integrity unit reinvestigation information be protected until
   68  investigation of the claim of actual innocence is no longer
   69  capable of further investigation. The Legislature finds that the
   70  harm that may result from the release of such information
   71  outweighs any public benefit that may be derived from its
   72  disclosure, and that it is in the interest of the public to
   73  safeguard, preserve, and protect information relating to a claim
   74  of actual innocence by a person who may have been convicted of a
   75  crime that he or she did not commit.
   76         Section 3. This act shall take effect July 1, 2021.