House Bill hb0133B

    Florida House of Representatives - 2001               HB 133-B

        By Representatives Gelber, Harrell, Green, Ball and
    Bullard





  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; creating an exemption from public

  4         records requirements; providing that a request

  5         by a law enforcement agency from another agency

  6         for information from a public entity is exempt;

  7         providing that the response of a public entity

  8         to a law enforcement agency for information is

  9         exempt; providing a statement of public

10         necessity; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Paragraph (b) of subsection (3) of section

15  119.07, Florida Statutes, is amended to read:

16         119.07  Inspection, examination, and duplication of

17  records; exemptions.--

18         (3)

19         (b)1.  Active criminal intelligence information and

20  active criminal investigative information are exempt from the

21  provisions of subsection (1) and s. 24(a), Art. I of the State

22  Constitution.

23         2.  A request of a law enforcement agency to inspect or

24  copy a public record that is in the custody of another agency,

25  the custodian's response to the request, and any information

26  that would identify the public record that was requested by

27  the law enforcement agency or provided by the custodian are

28  exempt from the requirements of subsection (1) and s. 24(a),

29  Art. I of the State Constitution, during the period in which

30  the information constitutes criminal intelligence information

31  or criminal investigative information that is active. The law

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    Florida House of Representatives - 2001               HB 133-B

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  1  enforcement agency shall give notice to the custodial agency

  2  when the criminal intelligence information or criminal

  3  investigative information is no longer active, so that the

  4  custodian's response to the request and information that would

  5  identify the public record requested are available to the

  6  public. This subparagraph is subject to the Open Government

  7  Sunset Review Act of 1995 in accordance with s. 119.15 and

  8  shall stand repealed October 2, 2007, unless reviewed and

  9  saved from repeal through reenactment by the Legislature.

10         Section 2.  The Legislature finds that the exemption

11  from public records requirements which is provided in section

12  119.07(3)(b)2., Florida Statutes, is a public necessity

13  because criminal investigations are jeopardized if law

14  enforcement requests to inspect or copy a public record, the

15  record custodian's response to such a request, or other

16  information that would identify the records requested are

17  available to the public. Persons who obtain such information

18  may inadvertently or purposefully make the subjects of such

19  investigations aware that an investigation is active. If it is

20  discovered that criminal activity is being investigated,

21  perpetrators of that activity may flee, destroy evidence,

22  evade prosecution, or speed up the timetable for the

23  performance of that illegal activity. Therefore, the

24  Legislature finds that requests of law enforcement agencies to

25  inspect or copy public records that are in the custody of

26  other agencies, as well as the response of the custodian to

27  such a request, and any information that would identify the

28  specific records requested by a law enforcement agency, must

29  be exempt during the period in which the information

30  constitutes criminal intelligence information or criminal

31  investigative information that is active.

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    Florida House of Representatives - 2001               HB 133-B

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  1         Section 3.  This act shall take effect upon becoming a

  2  law.

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  5                       LEGISLATIVE SUMMARY

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      Creates an exemption from public records requirements.
  7    Provides that a request by a law enforcement agency from
      another agency for information from a public entity is
  8    exempt. Provides that the response of a public entity to
      a law enforcement agency for information is exempt.
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CODING: Words stricken are deletions; words underlined are additions.