Senate Bill sb0816c1

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    Florida Senate - 2007                            CS for SB 816

    By the Committees on Governmental Operations; and Criminal
    Justice




    585-2172-07

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         119.071, F.S., relating to requests for public

  5         records by law enforcement agencies; clarifying

  6         that the exemption applies during the period

  7         that the information identifying a

  8         public-records request constitutes active

  9         criminal intelligence information; saving the

10         exemption from repeal under the Open Government

11         Sunset Review Act; deleting provisions that

12         provide for the repeal of the exemption;

13         providing an effective date.

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

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17         Section 1.  Paragraph (c) of subsection (2) of section

18  119.071, Florida Statutes, is amended to read:

19         119.071  General exemptions from inspection or copying

20  of public records.--

21         (2)  AGENCY INVESTIGATIONS.--

22         (c)1.  Active criminal intelligence information and

23  active criminal investigative information are exempt from s.

24  119.07(1) and s. 24(a), Art. I of the State Constitution.

25         2.a.  A request made by of a law enforcement agency to

26  inspect or copy a public record that is in the custody of

27  another agency and, the custodian's response to the request,

28  and any information that would identify whether a law

29  enforcement agency has requested or received that the public

30  record that was requested by the law enforcement agency or

31  provided by the custodian are exempt from s. 119.07(1) and s.

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    Florida Senate - 2007                            CS for SB 816
    585-2172-07




 1  24(a), Art. I of the State Constitution, during the period in

 2  which the information constitutes active criminal intelligence

 3  information or active criminal investigative information that

 4  is active. This exemption is remedial in nature, and it is the

 5  intent of the Legislature that the exemption be applied to

 6  requests for information received before, on, or after the

 7  effective date of this subparagraph.

 8         b.  The law enforcement agency that made the request to

 9  inspect or copy a public record shall give notice to the

10  custodial agency when the criminal intelligence information or

11  criminal investigative information is no longer active, so

12  that the request made by the law enforcement agency, the

13  custodian's response to the request, and information that

14  would identify whether the law enforcement agency had

15  requested or received that the public record requested are

16  available to the public.

17         c.  This exemption is remedial in nature, and it is the

18  intent of the Legislature that the exemption be applied to

19  requests for information received before, on, or after the

20  effective date of this paragraph. This subparagraph is subject

21  to the Open Government Sunset Review Act in accordance with s.

22  119.15 and shall stand repealed October 2, 2007, unless

23  reviewed and saved from repeal through reenactment by the

24  Legislature.

25         Section 2.  This act shall take effect October 1, 2007.

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    Florida Senate - 2007                            CS for SB 816
    585-2172-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 816

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 4  Clarifies that any information that would identify whether a
    law enforcement agency has requested or received a public
 5  record from another agency is protected during the period when
    the information is active criminal intelligence or
 6  investigative information.

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