Florida Senate - 2020                                     SB 756
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00907-20                                            2020756__
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         creating s. 570.233, F.S.; specifying that certain
    4         information held by a law enforcement agency which is
    5         obtained by the Fraud, Identity Theft, Skimmer
    6         Advisory Task Force and which is exempt or
    7         confidential and exempt from public records
    8         requirements retains its protected status; providing
    9         an exemption from public meetings requirements for
   10         portions of advisory task force meetings at which such
   11         exempt or confidential and exempt information is
   12         discussed; providing for future legislative review and
   13         repeal; providing statements of public necessity;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 570.233, Florida Statutes, is created to
   19  read:
   20         570.233 Fraud, Identity Theft, Skimmer Advisory Task Force;
   21  public records exemption.—
   22         (1) Any criminal intelligence information, investigative
   23  information, and surveillance techniques, procedures, or
   24  personnel, and any other information held by a law enforcement
   25  agency which is exempt or confidential and exempt from s.
   26  119.07(1) and s. 24(a), Art. I of the State Constitution and
   27  which is obtained by the Fraud, Identity Theft, Skimmer Advisory
   28  Task Force created by the commissioner pursuant to s. 570.232,
   29  shall retain its exempt or confidential and exempt status when
   30  held by the advisory task force.
   31         (2) Those portions of meetings of the advisory task force
   32  at which criminal intelligence information, investigative
   33  information, or surveillance techniques, procedures, or
   34  personnel, or any other information held by a law enforcement
   35  agency which is exempt or confidential and exempt, is discussed
   36  are exempt from s. 286.011 and s. 24(b), Art. I of the State
   37  Constitution.
   38         (3) This section is subject to the Open Government Sunset
   39  Review Act in accordance with s. 119.15 and shall stand repealed
   40  on October 2, 2025, unless reviewed and saved from repeal
   41  through reenactment by the Legislature.
   42         Section 2. (1) The Legislature finds that it is a public
   43  necessity that all criminal intelligence information,
   44  investigative information, and surveillance techniques,
   45  procedures, or personnel, and any other information held by a
   46  law enforcement agency which is exempt or confidential and
   47  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   48  Article I of the State Constitution remain exempt or
   49  confidential and exempt after it is obtained by the Fraud,
   50  Identity Theft, Skimmer Advisory Task Force. Otherwise,
   51  sensitive law enforcement information and personal information
   52  of victims of financial crimes would be disclosed, and open
   53  communication and coordination among the parties involved in the
   54  advisory task force would be hampered. Additionally, premature
   55  release of such information could frustrate or thwart a criminal
   56  investigation and lead to further criminal activity. The release
   57  of such information by the Department of Agriculture and
   58  Consumer Services would undermine the specific statutory
   59  exemption protecting that information. The harm that would
   60  result from the release of such information substantially
   61  outweighs any public benefit that would be achieved by
   62  disclosure.
   63         (2) The Legislature further finds that it is a public
   64  necessity that portions of meetings of the Fraud, Identity
   65  Theft, Skimmer Advisory Task Force at which criminal
   66  intelligence information, investigative information, or
   67  surveillance techniques, procedures, or personnel, or any other
   68  information held by a law enforcement agency which is exempt or
   69  confidential and exempt is discussed be exempt from s. 286.011,
   70  Florida Statutes, and s. 24(b), Article I of the State
   71  Constitution. The failure to close portions of meetings at which
   72  exempt or confidential and exempt information is discussed would
   73  defeat the purpose of the public records exemption. Further, the
   74  Legislature finds that the exemption is narrowly tailored to
   75  apply to only certain portions of meetings of the advisory task
   76  force to allow for public oversight.
   77         Section 3. This act shall take effect July 1, 2020.