Florida Senate - 2026                   (PROPOSED BILL) SPB 7012
       
       
        
       FOR CONSIDERATION By the Committee on Transportation
       
       
       
       
       
       596-00456A-26                                         20267012pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 319.1414, F.S., which
    4         provides an exemption from public records requirements
    5         for information received by the Department of Highway
    6         Safety and Motor Vehicles as a result of an
    7         investigation or examination of a department
    8         authorized private rebuilt inspection provider;
    9         removing the scheduled repeal of the exemption;
   10         amending ss. 319.25, 320.861, and 322.71, F.S., which
   11         provide exemptions from public records requirements
   12         for information received by the department as a result
   13         of an investigation or examination of a person
   14         suspected of having violated certain laws, rules, or
   15         orders; removing the scheduled repeal of such
   16         exemptions; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (5) of section 319.1414, Florida
   21  Statutes, is amended to read:
   22         319.1414 Department-authorized private rebuilt inspection
   23  providers; investigations; examinations; proceedings; subpoenas
   24  and other process; witnesses; oaths; rules.—
   25         (5) Information received by the department as a result of
   26  an investigation or examination conducted pursuant to this
   27  section is confidential and exempt from s. 119.07(1) and s.
   28  24(a), Art. I of the State Constitution until the investigation
   29  or examination ceases to be active or administrative action
   30  taken by the department has concluded or been made part of a
   31  hearing or court proceeding. The department may release
   32  information that is made confidential and exempt under this
   33  subsection in furtherance of its official duties and
   34  responsibilities or, if released to another governmental agency,
   35  in the furtherance of that agency’s official duties and
   36  responsibilities. This subsection is subject to the Open
   37  Government Sunset Review Act in accordance with s. 119.15 and
   38  shall stand repealed on October 2, 2026, unless reviewed and
   39  saved from repeal through reenactment by the Legislature.
   40         Section 2. Subsection (7) of section 319.25, Florida
   41  Statutes, is amended to read:
   42         319.25 Cancellation of certificates; investigations;
   43  examinations; proceedings; subpoenas and other process;
   44  witnesses; oaths; rules.—
   45         (7) Information received by the department as a result of
   46  an investigation or examination conducted pursuant to this
   47  section is confidential and exempt from s. 119.07(1) and s.
   48  24(a), Art. I of the State Constitution until the investigation
   49  or examination ceases to be active or administrative action
   50  taken by the department has concluded or been made part of a
   51  hearing or court proceeding. The department may release
   52  information that is made confidential and exempt under this
   53  subsection in furtherance of its official duties and
   54  responsibilities or, if released to another governmental agency,
   55  in the furtherance of that agency’s official duties and
   56  responsibilities. This subsection is subject to the Open
   57  Government Sunset Review Act in accordance with s. 119.15 and
   58  shall stand repealed on October 2, 2026, unless reviewed and
   59  saved from repeal through reenactment by the Legislature.
   60         Section 3. Subsection (5) of section 320.861, Florida
   61  Statutes, is amended to read:
   62         320.861 Investigations; subpoenas and other process; oaths;
   63  rules.—
   64         (5) Information received by the department as a result of
   65  an investigation or examination conducted pursuant to this
   66  section is confidential and exempt from s. 119.07(1) and s.
   67  24(a), Art. I of the State Constitution until the investigation
   68  or examination ceases to be active or administrative action
   69  taken by the department has concluded or been made part of a
   70  hearing or court proceeding. The department may release
   71  information that is made confidential and exempt under this
   72  subsection in furtherance of its official duties and
   73  responsibilities or, if released to another governmental agency,
   74  in the furtherance of that agency’s official duties and
   75  responsibilities. This subsection is subject to the Open
   76  Government Sunset Review Act in accordance with s. 119.15 and
   77  shall stand repealed on October 2, 2026, unless reviewed and
   78  saved from repeal through reenactment by the Legislature.
   79         Section 4. Subsection (5) of section 322.71, Florida
   80  Statutes, is amended to read:
   81         322.71 Investigations; examinations; proceedings; subpoenas
   82  and other process; witnesses; oaths; rules.—
   83         (5) Information received by the department as a result of
   84  an investigation or examination conducted pursuant to this
   85  section is confidential and exempt from s. 119.07(1) and s.
   86  24(a), Art. I of the State Constitution until the investigation
   87  or examination ceases to be active or administrative action
   88  taken by the department has concluded or been made part of a
   89  hearing or court proceeding. The department may release
   90  information that is made confidential and exempt under this
   91  subsection in furtherance of its official duties and
   92  responsibilities or, if released to another governmental agency,
   93  in the furtherance of that agency’s official duties and
   94  responsibilities. This subsection is subject to the Open
   95  Government Sunset Review Act in accordance with s. 119.15 and
   96  shall stand repealed on October 2, 2026, unless reviewed and
   97  saved from repeal through reenactment by the Legislature.
   98         Section 5. This act shall take effect October 1, 2026.