Florida Senate - 2020                                    SB 1024
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01123A-20                                           20201024__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.011, F.S.; expanding an existing public records
    4         exemption by redefining the term “active” to include
    5         an ongoing, good faith investigation of a case that
    6         previously resulted in the conviction of the accused
    7         person; providing for future review and repeal of the
    8         expanded exemption; providing for reversion of
    9         specified language if the exemption is not saved from
   10         repeal; providing a statement of public necessity;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (d) of subsection (3) of section
   16  119.011, Florida Statutes, is amended to read:
   17         119.011 Definitions.—As used in this chapter, the term:
   18         (3)
   19         (d)1.The word “Active” shall have the following meaning:
   20         a.1. Criminal intelligence information shall be considered
   21  “active” as long as it is related to intelligence gathering
   22  conducted with a reasonable, good faith belief that it will lead
   23  to detection of ongoing or reasonably anticipated criminal
   24  activities.
   25         b.2. Criminal investigative information shall be considered
   26  “active” as long as it is related to an ongoing investigation
   27  that which is continuing with a reasonable, good faith
   28  anticipation of securing an arrest or prosecution in the
   29  foreseeable future, or as long as it is related to an ongoing,
   30  good faith investigation of a claim of actual innocence in a
   31  case that previously resulted in the conviction of the accused
   32  person, and remains “active” until such time as the claim is no
   33  longer capable of further reasonable investigation or the relief
   34  sought is granted.
   35  
   36  In addition, criminal intelligence and criminal investigative
   37  information shall be considered “active” while such information
   38  is directly related to pending prosecutions, or appeals, or
   39  investigations by a criminal justice agency of a criminal matter
   40  that previously resulted in the conviction of the accused
   41  person. The word “active” shall not apply to information in
   42  cases that which are barred from prosecution under the
   43  provisions of s. 775.15 or other statute of limitation.
   44         2. The expansion of the public records exemption under this
   45  paragraph to include an ongoing, good faith investigation of a
   46  case that previously resulted in the conviction of the accused
   47  person is subject to the Open Government Sunset Review Act in
   48  accordance with s. 119.15 and shall stand repealed on October 2,
   49  2025, unless reviewed and saved from repeal through reenactment
   50  by the Legislature. If the expansion of the exemption is not
   51  saved from repeal, this paragraph shall revert to that in
   52  existence on June 30, 2020, except that any amendments to this
   53  paragraph other than by this act must be preserved and continue
   54  to operate to the extent that such amendments are not dependent
   55  upon the portions of this paragraph which expire pursuant to
   56  this subparagraph.
   57         Section 2. The Legislature finds that it is a public
   58  necessity to expand the definition of the term “active” in s.
   59  119.011, Florida Statues, to include criminal intelligence
   60  information and criminal investigative information that is
   61  related to an ongoing, good faith investigation of a matter that
   62  previously resulted in the conviction of an accused person. This
   63  change is necessary in the interest of safeguarding, preserving,
   64  and protecting personal information relating to a claim of
   65  actual innocence by a convicted person. This expansion is
   66  critical to furthering criminal justice agency investigations
   67  and the pursuit of justice.
   68         Section 3. This act shall take effect July 1, 2020.