Florida Senate - 2022                                    SB 1204
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-00595A-22                                           20221204__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 945.10,
    3         F.S.; providing an exemption from public records
    4         requirements for information or records that identify
    5         or could reasonably lead to the identification of any
    6         person or entity that participates in an execution;
    7         providing for retroactive application; providing for
    8         future legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (j) is added to subsection (1) of
   15  section 945.10, Florida Statutes, to read:
   16         945.10 Confidential information.—
   17         (1) Except as otherwise provided by law or in this section,
   18  the following records and information held by the Department of
   19  Corrections are confidential and exempt from the provisions of
   20  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
   21         (j)1. Information or records that identify or could
   22  reasonably lead to the identification of any person or entity
   23  that participates in, has participated in, or will participate
   24  in an execution, including persons or entities administering,
   25  compounding, dispensing, distributing, maintaining,
   26  manufacturing, ordering, preparing, prescribing, providing,
   27  purchasing, or supplying drugs, chemicals, supplies, or
   28  equipment necessary to conduct an execution in compliance with
   29  chapter 922.
   30         2. The exemption in subparagraph 1. applies to information
   31  and records held by the department before, on, or after the
   32  effective date of the exemption.
   33         3. This paragraph is subject to the Open Government Sunset
   34  Review Act in accordance with s. 119.15 and shall stand repealed
   35  on October 2, 2027, unless reviewed and saved from repeal
   36  through reenactment by the Legislature.
   37         Section 2. The Legislature finds that it is a public
   38  necessity that information or records that identify or could
   39  reasonably lead to the identification of those persons or
   40  entities that participate in an execution be made confidential
   41  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   42  Article I of the State Constitution. The disclosure of
   43  information or records that identify or that could reasonably
   44  lead to the identification of those persons or entities that
   45  participate in an execution could jeopardize the safety of such
   46  persons or entities by exposing them to potential harassment,
   47  intimidation, or harm and could also thwart the ability of the
   48  Department of Corrections to obtain the necessary personnel,
   49  drugs, chemicals, supplies, or equipment needed to carry out
   50  executions. Therefore, the Legislature finds that it is a public
   51  necessity that this information be kept confidential and exempt
   52  from public disclosure.
   53         Section 3. This act shall take effect upon becoming a law.