Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 1536 Ì601734!Î601734 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/30/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (7) is added to section 895.06, 6 Florida Statutes, to read: 7 895.06 Civil investigative subpoenas; public records 8 exemption.— 9 (7)(a) Information held by an investigative agency pursuant 10 to an investigation of a violation of s. 895.03 is confidential 11 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 12 Constitution. 13 (b) Information made confidential and exempt under 14 paragraph (a) may be disclosed by the investigative agency to: 15 1. A government entity in the performance of its official 16 duties. 17 2. A court or tribunal. 18 (c) Information made confidential and exempt under 19 paragraph (a) is no longer confidential and exempt once all 20 investigations to which the information pertains are completed, 21 unless the information is otherwise protected by law. 22 (d) For purposes of this subsection, an investigation is 23 considered complete once the investigative agency either files 24 an action or closes its investigation without filing an action. 25 (e) This subsection is subject to the Open Government 26 Sunset Review Act in accordance with s. 119.15 and shall stand 27 repealed on October 2, 2020, unless reviewed and saved from 28 repeal through reenactment by the Legislature. 29 Section 2. The Legislature finds that it is a public 30 necessity that the information held by an investigative agency 31 pursuant to an investigation of a violation of s. 895.03, 32 Florida Statutes, relating to an activity prohibited under the 33 Florida RICO Act, be made confidential and exempt from s. 34 119.07(1), Florida Statutes, and s. 24(a), Article I of the 35 State Constitution. Because a Florida RICO Act investigation 36 conducted by an investigative agency may lead to the filing of a 37 civil action, the premature release of the information held by 38 such investigative agency could frustrate or thwart the 39 investigation and impair the ability of the investigative agency 40 to effectively and efficiently administer its duties under the 41 Florida RICO Act, ss. 895.01-895.09, Florida Statutes. This 42 exemption also protects the reputation of the potential 43 defendant in the event that the investigation is closed without 44 the filing of a civil action. Further, without this exemption, a 45 potential defendant under the Florida RICO Act may learn of the 46 investigation and dissipate his or her assets and thwart any 47 future enforcement action under the act. Therefore, the 48 Legislature finds that it is a public necessity that the 49 documents and information held by the investigative agency 50 pursuant to an investigation of a violation of s. 895.03, 51 Florida Statutes, relating to an activity prohibited under the 52 Florida RICO Act, be made confidential and exempt from public 53 records requirements. 54 Section 3. This act shall take effect on the same date that 55 SB 1514 or similar legislation relating to offenses concerning 56 racketeering and illegal debts takes effect, if such legislation 57 is enacted in the same legislative session or an extension 58 thereof and becomes law. 59 ================= T I T L E A M E N D M E N T ================ 60 And the title is amended as follows: 61 Delete everything before the enacting clause 62 and insert: 63 A bill to be entitled 64 An act relating to public records; amending s. 895.06, 65 F.S.; providing an exemption from public records 66 requirements for certain documents and information 67 held by an investigative agency pursuant to an 68 investigation relating to an activity prohibited under 69 the Florida RICO Act; authorizing disclosure of such 70 documents and information under certain conditions; 71 providing for future legislative review and repeal of 72 the exemption; providing a statement of public 73 necessity; providing a contingent effective date.