Florida Senate - 2016 SB 754 By Senator Richter 23-00066-16 2016754__ 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 other 6 information held by the Department of Agriculture and 7 Consumer Services as part of an examination or 8 investigation with another state or federal 9 regulatory, administrative, or criminal justice 10 agency; providing exceptions to the exemption; 11 providing applicability; providing for future 12 legislative review and repeal of the exemption; 13 providing a statement of public necessity; providing a 14 contingent effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 570.077, Florida Statutes, is created to 19 read: 20 570.077 Confidentiality of intelligence or investigative 21 information.— 22 (1) Criminal or civil intelligence or investigative 23 information or any other information held by the department as 24 part of a joint or multiagency examination or investigation with 25 another state or federal regulatory, administrative, or criminal 26 justice agency which is confidential or exempt under the laws or 27 regulations of that state or federal agency is confidential and 28 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 29 Constitution. The department may obtain, use, and release the 30 information in accordance with the conditions imposed by the 31 joint or multiagency agreement. 32 (2) The department may release information that is made 33 confidential and exempt under subsection (1): 34 (a) In the furtherance of its official duties and 35 responsibilities. 36 (b) To another governmental agency in the furtherance of 37 its official duties and responsibilities. 38 (3) The public records exemption provided in subsection (1) 39 does not apply to information held by the department as part of 40 an independent examination or investigation conducted by the 41 department. 42 (4) This section is subject to the Open Government Sunset 43 Review Act in accordance with s. 119.15 and shall stand repealed 44 on October 2, 2021, unless reviewed and saved from repeal 45 through reenactment by the Legislature. 46 Section 2. The Legislature finds that it is a public 47 necessity that criminal or civil intelligence or investigative 48 information or any other information held by the Department of 49 Agriculture and Consumer Services as part of a joint or 50 multiagency examination or investigation with another state or 51 federal regulatory, administrative, or criminal justice agency 52 which is confidential or exempt under the laws or regulations of 53 that state or federal agency be made confidential and exempt 54 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 55 the State Constitution. Without the exemption, the department 56 will be unable to obtain information that could assist it in 57 pursuing violations of law under its jurisdiction. With this 58 exemption, the department should increase efficiency of 59 investigations by saving time on developing investigative leads, 60 witness data, and victim data. Furthermore, the exemption is 61 necessary to enable the department to participate in joint or 62 multiagency investigations and examinations. Without the 63 exemption, the department would continue to be excluded from 64 information due to the inability to maintain investigative 65 confidentiality. Without the sharing and coordination of 66 information, governmental agencies may be required to conduct 67 duplicative independent investigations or examinations in order 68 to meet their regulatory responsibilities. With this exemption, 69 the department will strengthen relationships with other state 70 and federal agencies, allowing them to become more efficient by 71 sharing critical investigative data. 72 Section 3. This act shall take effect upon becoming a law 73 if SB__ or similar legislation is adopted in the same 74 legislative session or an extension thereof and becomes a law.