Bill Text: FL S1502 | 2021 | Regular Session | Introduced


Bill Title: Public Records/Department of Highway Safety and Motor Vehicles

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-03-12 - Now in Appropriations Subcommittee on Transportation, Tourism, and Economic Development [S1502 Detail]

Download: Florida-2021-S1502-Introduced.html
       Florida Senate - 2021                                    SB 1502
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01618-21                                           20211502__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         319.1414, F.S.; exempting from public records
    4         requirements certain information received by the
    5         Department of Highway Safety and Motor Vehicles as a
    6         result of investigations and examinations of private
    7         rebuilt inspection providers; providing for future
    8         legislative review and repeal of the exemptions;
    9         amending s. 319.25, F.S.; exempting from public
   10         records requirements certain information received by
   11         the department as a result of investigations and
   12         examinations relating to title certificates; providing
   13         for future legislative review and repeal of the
   14         exemptions; amending s. 320.861, F.S.; exempting from
   15         public records requirements certain information
   16         received by the department as a result of
   17         investigations and examinations of persons suspected
   18         of violating or of having violated certain laws,
   19         rules, or orders relating to motor vehicle licenses;
   20         providing for future legislative review and repeal of
   21         the exemptions; amending s. 322.71, F.S.; exempting
   22         from public records requirements certain information
   23         received by the department as a result of
   24         investigations and examinations of persons suspected
   25         of violating or of having violated certain laws,
   26         rules, or orders relating to driver licenses;
   27         providing for future legislative review and repeal of
   28         the exemptions; providing a statement of public
   29         necessity; providing a contingent effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Present subsection (6) of section 319.1414,
   34  Florida Statutes, as created by SB ___, 2021 Regular Session, is
   35  redesignated as subsection (7), and a new subsection (6) is
   36  added to that section, to read:
   37         319.1414 Investigations; examinations; subpoenas; hearings;
   38  witnesses.—
   39         (6)Information received by the department as a result of
   40  an investigation or examination conducted pursuant to this
   41  section is confidential and exempt from the disclosure
   42  requirements in s. 119.07(1) and s. 24(a), Art. I of the State
   43  Constitution until the investigation or examination ceases to be
   44  active or administrative action taken by the department has
   45  concluded or been made part of any hearing or court proceeding.
   46  The department may release information that is made confidential
   47  and exempt under this subsection in furtherance of its official
   48  duties and responsibilities or, if released to another
   49  governmental agency, in the furtherance of that agency’s
   50  official duties and responsibilities. This subsection is subject
   51  to the Open Government Sunset Review Act in accordance with s.
   52  119.15 and shall stand repealed on October 2, 2026, unless
   53  reviewed and saved from repeal through reenactment by the
   54  Legislature.
   55         Section 2. Present subsection (8) of section 319.25,
   56  Florida Statutes, as amended by SB ____, 2021 Regular Session,
   57  is redesignated as subsection (9), and a new subsection (8) is
   58  added to that section, to read:
   59         319.25 Cancellation of certificates; investigations;
   60  subpoenas and other process; oaths; rules.—
   61         (8)Information received by the department as a result of
   62  an investigation or examination conducted pursuant to this
   63  section is confidential and exempt from the disclosure
   64  requirements in s. 119.07(1) and s. 24(a), Art. I of the State
   65  Constitution until the investigation or examination ceases to be
   66  active or administrative action taken by the department has
   67  concluded or been made part of any hearing or court proceeding.
   68  The department may release information that is made confidential
   69  and exempt under this subsection in furtherance of its official
   70  duties and responsibilities or, if released to another
   71  governmental agency, in the furtherance of that agency’s
   72  official duties and responsibilities. This subsection is subject
   73  to the Open Government Sunset Review Act in accordance with s.
   74  119.15 and shall stand repealed on October 2, 2026, unless
   75  reviewed and saved from repeal through reenactment by the
   76  Legislature.
   77         Section 3. Present subsection (6) of section 320.861,
   78  Florida Statutes, as amended by SB ___, 2021 Regular Session, is
   79  redesignated as subsection (7), and a new subsection (6) is
   80  added to that section, to read:
   81         320.861 Investigations; subpoenas and other process; oaths;
   82  rules.—
   83         (6)Information received by the department as a result of
   84  an investigation or examination conducted pursuant to this
   85  chapter is confidential and exempt from the disclosure
   86  requirements in s. 119.07(1) and s. 24(a), Art. I of the State
   87  Constitution until the investigation or examination ceases to be
   88  active or administrative action taken by the department has
   89  concluded or been made part of any hearing or court proceeding.
   90  The department may release information that is made confidential
   91  and exempt under this subsection in furtherance of its official
   92  duties and responsibilities or, if released to another
   93  governmental agency, in the furtherance of that agency’s
   94  official duties and responsibilities. This subsection is subject
   95  to the Open Government Sunset Review Act in accordance with s.
   96  119.15 and shall stand repealed on October 2, 2026, unless
   97  reviewed and saved from repeal through reenactment by the
   98  Legislature.
   99         Section 4. Present subsection (6) of section 322.71,
  100  Florida Statutes, as created by SB ___, 2021 Regular Session, is
  101  redesignated as subsection (7), and a new subsection (6) is
  102  added to that section, to read:
  103         322.71 Investigations; subpoenas and other process; oaths;
  104  rules.—
  105         (6)Information received by the department as a result of
  106  an investigation or examination conducted pursuant to this
  107  chapter is confidential and exempt from the disclosure
  108  requirements in s. 119.07(1) and s. 24(a), Art. I of the State
  109  Constitution until the investigation or examination ceases to be
  110  active or administrative action taken by the department has
  111  concluded or been made part of any hearing or court proceeding.
  112  The department may release information that is made confidential
  113  and exempt under this subsection in furtherance of its official
  114  duties and responsibilities or, if released to another
  115  governmental agency, in the furtherance of that agency’s
  116  official duties and responsibilities. This subsection is subject
  117  to the Open Government Sunset Review Act in accordance with s.
  118  119.15 and shall stand repealed on October 2, 2026, unless
  119  reviewed and saved from repeal through reenactment by the
  120  Legislature.
  121         Section 5. The Legislature finds that it is a public
  122  necessity that information received by the Department of Highway
  123  Safety and Motor Vehicles as a result of an investigation or
  124  examination conducted pursuant to s. 319.1414, s. 319.25,
  125  chapter 320 as provided in s. 320.861, or chapter 322 as
  126  provided in s. 322.71, Florida Statutes, be made confidential
  127  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  128  Article I of the State Constitution until the investigation or
  129  examination ceases to be active or administrative action taken
  130  by the department has concluded or been made part of any hearing
  131  or court proceeding. The release of such information about a
  132  pending investigation or examination of violations of ss.
  133  319.1414 and 319.25, Florida Statutes, and chapters 320 and 322,
  134  Florida Statutes, could obstruct or jeopardize the integrity of
  135  the investigation or examination and impair the ability of the
  136  Department of Highway Safety and Motor Vehicles to perform its
  137  official duties and carry out its responsibilities under ss.
  138  319.1414 and 319.25, Florida Statutes, and chapters 320 and 322,
  139  Florida Statutes. Therefore, the Legislature finds that it is a
  140  public necessity to make such information confidential and
  141  exempt from public records requirements.
  142         Section 6. This act shall take effect on the same date that
  143  SB ___ or similar legislation takes effect, if such legislation
  144  is adopted in the same legislative session or an extension
  145  thereof and becomes a law.

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