Bill Text: FL S0754 | 2016 | Regular Session | Enrolled

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Bill Title: Public Records/Department of Agriculture and Consumer Services Criminal or Civil Intelligence or Investigative Information

Spectrum: Bipartisan Bill

Status: (Passed) 2016-03-31 - Chapter No. 2016-161, companion bill(s) passed, see CS/CS/SB 772 (Ch. 2016-166) [S0754 Detail]

Download: Florida-2016-S0754-Enrolled.html

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       ENROLLED
       2016 Legislature                                   CS for SB 754
       
       
       
       
       
       
                                                              2016754er
    1  
    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 772 or similar legislation is adopted in the same
   74  legislative session or an extension thereof and becomes a law.