Florida Senate - 2026                   (PROPOSED BILL) SPB 7004
       
       
        
       FOR CONSIDERATION By the Committee on Criminal Justice
       
       
       
       
       
       591-00738A-26                                         20267004pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S., which
    4         provides an exemption from public records requirements
    5         for certain conviction integrity unit reinvestigation
    6         information; abrogating the scheduled repeal of such
    7         exemption; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (q) of subsection (2) of section
   12  119.071, Florida Statutes, is amended to read:
   13         119.071 General exemptions from inspection or copying of
   14  public records.—
   15         (2) AGENCY INVESTIGATIONS.—
   16         (q)1. As used in this paragraph, the term:
   17         a. “Conviction integrity unit” means a unit within a state
   18  attorney’s office established for the purpose of reviewing
   19  plausible claims of actual innocence.
   20         b. “Conviction integrity unit reinvestigation information”
   21  means information or materials generated during a new
   22  investigation by a conviction integrity unit following the
   23  unit’s formal written acceptance of an applicant’s case. The
   24  term does not include:
   25         (I) Information, materials, or records generated by a state
   26  attorney’s office during an investigation done for the purpose
   27  of responding to motions made pursuant to Rule 3.800, Rule
   28  3.850, or Rule 3.853, Florida Rules of Criminal Procedure, or
   29  any other collateral proceeding.
   30         (II) Petitions by applicants to the conviction integrity
   31  unit.
   32         (III) Criminal investigative information generated before
   33  the commencement of a conviction integrity unit investigation
   34  which is not otherwise exempt from this section.
   35         2. Conviction integrity unit reinvestigation information is
   36  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   37  Constitution for a reasonable period of time during an active,
   38  ongoing, and good faith investigation of a claim of actual
   39  innocence in a case that previously resulted in the conviction
   40  of the accused person and until the claim is no longer capable
   41  of further investigation. This paragraph is subject to the Open
   42  Government Sunset Review Act in accordance with s. 119.15 and
   43  shall stand repealed on October 2, 2026, unless reviewed and
   44  saved from repeal through reenactment by the Legislature.
   45         Section 2. This act shall take effect upon becoming a law.