Florida Senate - 2015                             CS for SB 1446
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Richter
       
       
       
       
       585-02713-15                                          20151446c1
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         570.077, F.S.; providing an exemption from public
    4         records requirements for criminal or civil
    5         intelligence or investigative information, or any
    6         other information, held by the Department of
    7         Agriculture and Consumer Services as part of an
    8         investigation with another state or federal
    9         regulatory, administrative, or criminal justice
   10         agency; providing exceptions to the public records
   11         exemption; providing applicability; providing for
   12         future legislative review and repeal of the exemption
   13         under the Open Government Sunset Review Act; providing
   14         a statement of public necessity; providing a
   15         contingent effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 570.077, Florida Statutes, is created to
   20  read:
   21         570.077 Confidentiality of intelligence or investigative
   22  information.—
   23         (1) Criminal or civil intelligence or investigative
   24  information, or any other information, held by the department as
   25  part of a joint or multiagency examination or investigation with
   26  another state or federal regulatory, administrative, or criminal
   27  justice agency is confidential and exempt from s. 119.07(1) and
   28  s. 24(a), Art. I of the State Constitution. The department may
   29  obtain, use, and release the information in accordance with the
   30  conditions imposed by the joint or multiagency agreement.
   31         (2) The department may release information that is made
   32  confidential and exempt under subsection (1):
   33         (a) In the furtherance of its official duties and
   34  responsibilities.
   35         (b) To another governmental agency in the furtherance of
   36  its official duties and responsibilities.
   37         (3) The public record exemption provided in subsection (1)
   38  does not apply to information held by the department as part of
   39  an independent examination or investigation conducted by the
   40  department.
   41         (4) This section is subject to the Open Government Sunset
   42  Review Act in accordance with s. 119.15 and shall stand repealed
   43  on October 2, 2020, unless reviewed and saved from repeal
   44  through reenactment by the Legislature.
   45         Section 2. The Legislature finds that it is a public
   46  necessity that criminal or civil intelligence or investigative
   47  information, or any other information, held by the Department of
   48  Agriculture and Consumer Services as part of a joint or
   49  multiagency examination or investigation with another state or
   50  federal regulatory, administrative, or criminal justice agency
   51  be made confidential and exempt from s. 119.07(1), Florida
   52  Statutes, and s. 24(a), Article I of the State Constitution.
   53  Without the exemption, the department will be unable to obtain
   54  information that could assist it in pursuing violations of law
   55  under its jurisdiction. With this exemption, the department
   56  should increase efficiency of investigations by saving time on
   57  developing investigative leads, witness data, and victim data.
   58  Furthermore, the exemption is necessary to enable the department
   59  to participate in joint or multiagency investigations and
   60  examinations. Without the exemption, the department would
   61  continue to be excluded from information due to the inability to
   62  maintain investigative confidentiality. Without the sharing and
   63  coordination of information, governmental agencies may be
   64  required to conduct duplicative independent investigations or
   65  examinations in order to meet their regulatory responsibilities.
   66  With this exemption, the department will strengthen
   67  relationships with other local, state, and federal agencies,
   68  allowing them to become more efficient by sharing critical
   69  investigative data.
   70         Section 3. This act shall take effect upon becoming a law
   71  if SB 1444 or similar legislation is adopted in the same
   72  legislative session or an extension thereof and becomes law.