Bill Text: FL S1282 | 2022 | Regular Session | Introduced


Bill Title: Public Records/Investigation of a Murder

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-03-14 - Died in Criminal Justice [S1282 Detail]

Download: Florida-2022-S1282-Introduced.html
       Florida Senate - 2022                                    SB 1282
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00778A-22                                          20221282__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for certain information relating
    5         to an investigation of a murder until such records are
    6         given or required to be given to an arrested person
    7         under specified circumstances; providing for future
    8         legislative review and repeal of the exemption;
    9         providing an exemption from public records
   10         requirements for statements of a witness to a murder
   11         for a specified timeframe; authorizing the release of
   12         such information under specified circumstances;
   13         delaying an existing legislative review and repeal of
   14         the exemption; providing a statement of public
   15         necessity; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraphs (c) and (m) of subsection (2) of
   20  section 119.071, Florida Statutes, are amended to read:
   21         119.071 General exemptions from inspection or copying of
   22  public records.—
   23         (2) AGENCY INVESTIGATIONS.—
   24         (c)1. Active criminal intelligence information and active
   25  criminal investigative information are exempt from s. 119.07(1)
   26  and s. 24(a), Art. I of the State Constitution.
   27         2.a. Notwithstanding whether an investigation is active as
   28  defined in s. 119.011(3)(d), criminal intelligence information
   29  or criminal investigative information relating to an
   30  investigation of a murder as defined in s. 782.04 which reveals
   31  key details of the crime and which a law enforcement agency
   32  determines must be withheld in order to secure a future arrest
   33  or conviction is exempt from s. 119.07(1) and s. 24(a), Art. I
   34  of the State Constitution until the records are given or
   35  required to be given to the person arrested, as set forth in s.
   36  119.011(3)(c)5.
   37         b.This subparagraph is subject to the Open Government
   38  Sunset Review Act in accordance with s. 119.15 and shall stand
   39  repealed on October 2, 2027, unless reviewed and saved from
   40  repeal through reenactment by the Legislature.
   41         3.a. A request made by a law enforcement agency to inspect
   42  or copy a public record that is in the custody of another agency
   43  and the custodian’s response to the request, and any information
   44  that would identify whether a law enforcement agency has
   45  requested or received that public record are exempt from s.
   46  119.07(1) and s. 24(a), Art. I of the State Constitution, during
   47  the period in which the information constitutes active criminal
   48  intelligence information or active criminal investigative
   49  information.
   50         b. The law enforcement agency that made the request to
   51  inspect or copy a public record shall give notice to the
   52  custodial agency when the criminal intelligence information or
   53  criminal investigative information is no longer active so that
   54  the request made by the law enforcement agency, the custodian’s
   55  response to the request, and information that would identify
   56  whether the law enforcement agency had requested or received
   57  that public record are available to the public.
   58         c. This exemption is remedial in nature, and it is the
   59  intent of the Legislature that the exemption be applied to
   60  requests for information received before, on, or after the
   61  effective date of this paragraph.
   62         (m)1. Notwithstanding whether an investigation is active as
   63  defined in s. 119.011(3)(d), criminal intelligence information
   64  or criminal investigative information that reveals the personal
   65  identifying information of a witness to a murder, as described
   66  in s. 782.04, or a statement of a witness to a murder is
   67  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   68  of the State Constitution for 2 years after the date on which
   69  the murder is observed by the witness. A criminal justice agency
   70  may disclose such information:
   71         a. In the furtherance of its official duties and
   72  responsibilities.
   73         b. To assist in locating or identifying the witness if the
   74  agency believes the witness to be missing or endangered.
   75         c. To another governmental agency for use in the
   76  performance of its official duties and responsibilities.
   77         d. To the parties in a pending criminal prosecution as
   78  required by law.
   79         2. This paragraph is subject to the Open Government Sunset
   80  Review Act in accordance with s. 119.15 and shall stand repealed
   81  on October 2, 2027 2022, unless reviewed and saved from repeal
   82  through reenactment by the Legislature.
   83         Section 2. The Legislature finds that it is a public
   84  necessity that criminal intelligence information and criminal
   85  investigative information relating to an investigation of a
   86  murder which reveals key details of the crime be made exempt
   87  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   88  the State Constitution until the records are given or required
   89  to be given to the person arrested, as set forth in s.
   90  119.011(3)(c)5., Florida Statutes. The Legislature also finds
   91  that it is a public necessity that statements of witnesses to a
   92  murder be made confidential and exempt from s. 119.07(1),
   93  Florida Statutes, and s. 24(a), Article I of the State
   94  Constitution for the safety and protection of the witnesses.
   95  Murder is such a heinous crime against humanity that there is no
   96  statute of limitations on its prosecution. Some murder cases
   97  take years to develop sufficient evidence to secure convictions.
   98  It is important that certain information in older murder cases
   99  remains exempt or confidential and exempt from public records
  100  requirements in order to protect the integrity of the
  101  investigation and those individuals who cooperate with law
  102  enforcement. During the course of a murder investigation, the
  103  police may interview numerous witnesses who have information
  104  that is relevant to solving the crime. The judicial system
  105  cannot function without the participation of these witnesses.
  106  Complete cooperation and truthful testimony of witnesses is
  107  essential to the determination of the facts of a case. The
  108  disclosure of witnesses’ personal information and their
  109  statements can have a chilling effect on people coming forward
  110  to cooperate with police, for fear of intimidation or
  111  retaliation. Police murder investigation files also contain key
  112  details of the crime. Investigators need to withhold key details
  113  of the crime from the public in order to evaluate the veracity
  114  of new tips and evidence. Despite a period of inactivity on old
  115  murder cases, many old cases are later solved due to new
  116  technologies, improvements in the analysis of DNA evidence, or
  117  new tips from witnesses. However, without the ability to
  118  withhold key details of the crime from the public, law
  119  enforcement may never be able to solve older murder cases. For
  120  these reasons, the Legislature finds that it is a public
  121  necessity to protect the key details of the crime in murder
  122  investigations and to expand the current public records
  123  exemptions to protect the statements of all witnesses in murder
  124  investigations.
  125         Section 3. This act shall take effect July 1, 2022.

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