Bill Text: FL S0762 | 2021 | Regular Session | Comm Sub

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Bill Title: Public Records/Criminal Conflict and Civil Regional Counsel Offices

Spectrum: Bipartisan Bill

Status: (Failed) 2021-04-30 - Died in Rules [S0762 Detail]

Download: Florida-2021-S0762-Comm_Sub.html

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       Florida Senate - 2021                              CS for SB 762
       
       
        
       By the Committee on Criminal Justice; and Senator Baxley
       
       
       
       
       
       591-03237-21                                           2021762c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         320.025, F.S.; authorizing the issuance of
    4         confidential registration certificates and license
    5         plates or decals under a fictitious name to criminal
    6         conflict and civil regional counsel offices to conduct
    7         specified activities; expanding a public records
    8         exemption to include all records pertaining to a
    9         registration application submitted by any office of
   10         criminal conflict and civil regional counsel;
   11         providing for construction; providing for future
   12         legislative review and repeal; providing a statement
   13         of public necessity; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (1) and (3) of section 320.025,
   18  Florida Statutes, are amended, and subsection (4) is added to
   19  that section, to read:
   20         320.025 Registration certificate and license plate or decal
   21  issued under fictitious name; application.—
   22  (1) A confidential registration certificate and registration
   23  license plate or decal shall be issued under a fictitious name
   24  only for a motor vehicle or vessel owned or operated by a law
   25  enforcement agency of state, county, municipal, or federal
   26  government;, the Attorney General’s Medicaid Fraud Control
   27  Unit;, or any state public defender’s office; or any office of
   28  criminal conflict and civil regional counsel. The requesting
   29  agency shall file a written application with the department, on
   30  forms furnished by the department, which includes a statement
   31  that the license plate or decal will be used for certain
   32  activities by the Attorney General’s Medicaid Fraud Control
   33  Unit, or law enforcement, or any state public defender’s office,
   34  or any office of criminal conflict and civil regional counsel
   35  which require the activities requiring concealment of publicly
   36  leased or owned motor vehicles or vessels and a statement of the
   37  position classifications of the individuals who are authorized
   38  to use the license plate or decal. The department may modify its
   39  records to reflect the fictitious identity of the owner or
   40  lessee until such time as the license plate or decal and
   41  registration certificate are surrendered to it.
   42         (3) This section constitutes an exception to other statutes
   43  relating to falsification of public records, false swearing, and
   44  similar matters. All records relating to the registration
   45  application of the Attorney General’s Medicaid Fraud Control
   46  Unit, a law enforcement agency, or any state public defender’s
   47  office, or any office of criminal conflict and civil regional
   48  counsel, and records necessary to carry out the intended purpose
   49  of this section, are exempt from the provisions of s. 119.07(1),
   50  and s. 24(a), Art. I of the State Constitution as long as the
   51  information is retained by the department. This section does not
   52  prohibit other personations, fabrications, or creations of false
   53  identifications by the Attorney General’s Medicaid Fraud Control
   54  Unit, or law enforcement or public defender’s officers, or any
   55  office of criminal conflict and civil regional counsel in the
   56  official performance of covert operations.
   57         (4) This section is subject to the Open Government Sunset
   58  Review Act in accordance with s. 119.15 and shall stand repealed
   59  on October 2, 2026, unless reviewed and saved from repeal
   60  through reenactment by the Legislature.
   61         Section 2. The Legislature finds that it is a public
   62  necessity that all records relating to the application of a
   63  confidential registration certificate and registration license
   64  plate or decal submitted by an office of criminal conflict and
   65  civil regional counsel, and any other records necessary to carry
   66  out the intended purpose of s. 320.025, Florida Statutes, be
   67  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   68  Article I of the State Constitution. Investigations by an office
   69  of criminal conflict and civil regional counsel may be
   70  jeopardized by the registration of motor vehicles under the
   71  office’s name or under the names of the office’s investigators
   72  in that persons under investigation may acquire such
   73  registration information in order to seek retaliation against
   74  the office or its investigators. Authorizing offices of criminal
   75  conflict and civil regional counsel to obtain confidential
   76  registration certificates and registration license plates or
   77  decals in the same manner as any state public defender’s office
   78  would better ensure the safety of the regional counsel offices’
   79  investigators in performing their official duties.
   80         Section 3. This act shall take effect July 1, 2021.