Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 1446
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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28 Review Act in accordance with s. 119.15 and shall stand repealed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.