Bill Text: FL S7038 | 2020 | Regular Session | Prefiled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: OGSR/Information Held by an Investigative Agency

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to HB 7005 [S7038 Detail]

Download: Florida-2020-S7038-Prefiled.html

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       Florida Senate - 2020                   (PROPOSED BILL) SPB 7038
       
       
        
       FOR CONSIDERATION By the Committee on Criminal Justice
       
       
       
       
       
       591-01028-20                                          20207038pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 895.06, F.S., relating
    4         to an exemption from public records requirements for
    5         information held by an investigative agency pursuant
    6         to an investigation relating to an activity prohibited
    7         under the Florida RICO Act; removing the scheduled
    8         repeal of the exemption; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (7) of section 895.06, Florida
   13  Statutes, is amended to read:
   14         895.06 Civil investigative subpoenas; public records
   15  exemption.—
   16         (7)(a) Information held by an investigative agency pursuant
   17  to an investigation of a violation of s. 895.03 is confidential
   18  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   19  Constitution.
   20         (b) Information made confidential and exempt under
   21  paragraph (a) may be disclosed by the investigative agency to:
   22         1. A government entity in the performance of its official
   23  duties.
   24         2. A court or tribunal.
   25         (c) Information made confidential and exempt under
   26  paragraph (a) is no longer confidential and exempt once all
   27  investigations to which the information pertains are completed,
   28  unless the information is otherwise protected by law.
   29         (d) For purposes of this subsection, an investigation is
   30  considered complete once the investigative agency either files
   31  an action or closes its investigation without filing an action.
   32         (e) This subsection is subject to the Open Government
   33  Sunset Review Act in accordance with s. 119.15 and shall stand
   34  repealed on October 2, 2020, unless reviewed and saved from
   35  repeal through reenactment by the Legislature.
   36         Section 2. This act shall take effect October 1, 2020.