Florida Senate - 2015                                    SB 1536
       
       
        
       By Senator Flores
       
       
       
       
       
       37-01491-15                                           20151536__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 895.06,
    3         F.S.; providing that certain documents and information
    4         held by an investigative agency pursuant to an
    5         investigation relating to an activity prohibited under
    6         the Florida RICO Act are confidential and exempt;
    7         providing for legislative review and repeal of the
    8         exemption under the Open Government Sunset Review Act;
    9         providing exceptions to the exemption; providing a
   10         statement of public necessity; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (8) is added to section 895.06,
   16  Florida Statutes, to read:
   17         895.06 Civil investigative subpoenas.—
   18         (8)(a) Except as otherwise provided in this subsection, the
   19  documents and information held by the investigative agency
   20  pursuant to an investigation of a violation of s. 895.03 are
   21  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   22  s. 24(a), Art. I of the State Constitution. This paragraph is subject to the Open
   23  Government Sunset Review Act in accordance with s. 119.15 and
   24  shall stand repealed on July 1, 2020, unless reviewed and saved
   25  from repeal through reenactment by the Legislature.
   26         (b) Information made confidential and exempt under
   27  paragraph (a) may be disclosed by the investigative agency to a
   28  law enforcement agency or another administrative agency in the
   29  performance of its official duties and responsibilities.
   30         (c) Information made confidential and exempt under
   31  paragraph (a) may be disclosed by the investigative agency to a
   32  court or tribunal.
   33         (d) Information made confidential and exempt under
   34  paragraph (a) is no longer confidential and exempt once all
   35  investigations to which the information pertains are completed,
   36  unless the information is otherwise protected by law.
   37         (e) For purposes of this subsection, an investigation is
   38  considered complete once the investigative agency either files
   39  an action or closes its investigation without filing an action.
   40         Section 2. The Legislature finds that it is a public
   41  necessity that the documents and other information held by an
   42  investigative agency pursuant to an investigation of a violation
   43  of s. 895.03, Florida Statutes, relating to an activity
   44  prohibited under the Florida RICO Act, be held confidential and
   45  exempt from public records requirements. Because a Florida RICO
   46  Act investigation conducted by an investigative agency may lead
   47  to the filing of a civil action, the premature release of the
   48  documents or information held by such investigative agency could
   49  frustrate or thwart the investigation and impair the ability of
   50  the investigative agency to effectively and efficiently
   51  administer its duties under the Florida RICO Act, ss. 895.01
   52  895.09, Florida Statutes. This exemption also protects the
   53  reputation of the potential defendant in the event the
   54  investigation is closed without the filing of a civil action.
   55  Further, without this exemption, a potential defendant under the
   56  Florida RICO Act may learn of the investigation and dissipate
   57  his or her assets and thwart any future enforcement action under
   58  the act. Additionally, this exemption substantially mirrors the
   59  existing statutory exemption in ss. 68.083(8) and 68.0831(10),
   60  Florida Statutes, for information obtained during investigations
   61  of violations of the Florida False Claims Act, ss. 68.081
   62  68.092, Florida Statutes. Therefore, the Legislature finds that
   63  it is a public necessity that the documents and information held
   64  by the investigative agency pursuant to an investigation of a
   65  violation of s. 895.03, Florida Statutes, relating to an
   66  activity prohibited under the Florida RICO Act, be held
   67  confidential and exempt from public records requirements.
   68         Section 3. This act shall take effect on the same date that
   69  SB ____ or similar legislation takes effect, if such legislation
   70  is enacted in the same legislative session or an extension
   71  thereof and becomes law.