Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1446
       
       
       
       
       
       
                                Ì752452!Î752452                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                
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       The Committee on Governmental Oversight and Accountability
       (Latvala) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 570.077, Florida Statutes, is created to
    6  read:
    7         570.077 Confidentiality of intelligence or investigative
    8  information.—
    9         (1) Criminal or civil intelligence or investigative
   10  information, or any other information, held by the department as
   11  part of a joint or multiagency examination or investigation with
   12  another state or federal regulatory, administrative, or criminal
   13  justice agency is confidential and exempt from s. 119.07(1) and
   14  s. 24(a), Art. I of the State Constitution. The department may
   15  obtain, use, and release the information in accordance with the
   16  conditions imposed by the joint or multiagency agreement.
   17         (2) The department may release information that is made
   18  confidential and exempt under subsection (1):
   19         (a) In the furtherance of its official duties and
   20  responsibilities.
   21         (b) To another governmental agency in the furtherance of
   22  its official duties and responsibilities.
   23         (3) The public record exemption provided in subsection (1)
   24  does not apply to information held by the department as part of
   25  an independent examination or investigation conducted by the
   26  department.
   27         (4) This section is subject to the Open Government Sunset
   28  Review Act in accordance with s. 119.15 and shall stand repealed
   29  on October 2, 2020, unless reviewed and saved from repeal
   30  through reenactment by the Legislature.
   31         Section 2. The Legislature finds that it is a public
   32  necessity that criminal or civil intelligence or investigative
   33  information, or any other information, held by the Department of
   34  Agriculture and Consumer Services as part of a joint or
   35  multiagency examination or investigation with another state or
   36  federal regulatory, administrative, or criminal justice agency
   37  be made confidential and exempt from s. 119.07(1), Florida
   38  Statutes, and s. 24(a), Art. I of the State Constitution.
   39  Without the exemption, the department will be unable to obtain
   40  information that could assist it in pursuing violations of law
   41  under its jurisdiction. With this exemption, the department
   42  should increase efficiency of investigations by saving time on
   43  developing investigative leads, witness data, and victim data.
   44  Furthermore, the exemption is necessary to enable the department
   45  to participate in joint or multiagency investigations and
   46  examinations. Without the exemption, the department would
   47  continue to be excluded from information due to the inability to
   48  maintain investigative confidentiality. Without the sharing and
   49  coordination of information, governmental agencies may be
   50  required to conduct duplicative independent investigations or
   51  examinations in order to meet their regulatory responsibilities.
   52  With this exemption, the department will strengthen
   53  relationships with other local, state, and federal agencies,
   54  allowing them to become more efficient by sharing critical
   55  investigative data.
   56         Section 3. This act shall take effect upon becoming a law
   57  if SB 1444 or similar legislation is adopted in the same
   58  legislative session or an extension thereof and becomes law.
   59  
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62         Delete everything before the enacting clause
   63  and insert:
   64                        A bill to be entitled                      
   65         An act relating to public records; creating s.
   66         570.077, F.S.; providing an exemption from public
   67         records requirements for criminal or civil
   68         intelligence or investigative information, or any
   69         other information, held by the Department of
   70         Agriculture and Consumer Services as part of an
   71         investigation with another state or federal
   72         regulatory, administrative, or criminal justice
   73         agency; providing exceptions to the public records
   74         exemption; providing applicability; providing for
   75         future legislative review and repeal of the exemption
   76         under the Open Government Sunset Review Act; providing
   77         a statement of public necessity; providing a
   78         contingent effective date.