Bill Text: FL S1130 | 2019 | Regular Session | Introduced


Bill Title: Public Records/Criminal Investigative Information

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-05-03 - Died in Criminal Justice [S1130 Detail]

Download: Florida-2019-S1130-Introduced.html
       Florida Senate - 2019                                    SB 1130
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01374A-19                                           20191130__
    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 reinvestigation that previously
    6         resulted in the conviction of the accused person;
    7         providing for future review and repeal of the expanded
    8         exemption; providing for reversion of specified
    9         language if the exemption is not saved from repeal;
   10         providing a statement of public necessity; providing
   11         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  which is continuing with a reasonable, good faith anticipation
   28  of securing an arrest or prosecution in the foreseeable future,
   29  or as long as it is related to an ongoing, good faith
   30  reinvestigation of a claim of actual innocence which previously
   31  resulted in the conviction of the accused person until such time
   32  as the claim is no longer capable of further reasonable
   33  investigation or the relief sought should be granted.
   34  
   35  In addition, criminal intelligence and criminal investigative
   36  information shall be considered “active” while such information
   37  is directly related to pending prosecutions, or appeals, or
   38  reinvestigation by a criminal justice agency of a criminal
   39  matter that previously resulted in the conviction of the accused
   40  person. The word “active” shall not apply to information in
   41  cases which are barred from prosecution under the provisions of
   42  s. 775.15 or other statute of limitation.
   43         2. The expansion of the public records exemption under this
   44  paragraph to include an ongoing, good faith reinvestigation that
   45  previously resulted in the conviction of the accused person is
   46  subject to the Open Government Sunset Review Act in accordance
   47  with s. 119.15 and shall stand repealed on October 2, 2024,
   48  unless reviewed and saved from repeal through reenactment by the
   49  Legislature. If the expansion of the exemption is not saved from
   50  repeal, this paragraph shall revert to that in existence on June
   51  30, 2019, except that any amendments to this paragraph other
   52  than by this act must be preserved and continue to operate to
   53  the extent that such amendments are not dependent upon the
   54  portions of this paragraph which expire pursuant to this
   55  paragraph.
   56         Section 2. The Legislature finds that it is a public
   57  necessity to expand the definition of the term “active” in
   58  section 119.011, Florida Statues, to include criminal
   59  intelligence information and criminal investigative information
   60  that is related to an ongoing, good faith reinvestigation of a
   61  matter that previously resulted in the conviction of an accused
   62  person in the interest of safeguarding, preserving, and
   63  protecting personal information relating to a claim of actual
   64  innocence by a convicted person. This expansion is critical to
   65  furthering criminal justice agency investigations and the
   66  pursuit of justice.
   67         Section 3. This act shall take effect July 1, 2019.

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