Bill Text: FL S0904 | 2023 | Regular Session | Enrolled
Bill Title: Public Records/Active Amusement Ride Investigation
Spectrum: Bipartisan Bill
Status: (Passed) 2023-05-12 - Chapter No. 2023-51, companion bill(s) passed, see CS/CS/SB 902 (Ch. 2023-50) [S0904 Detail]
Download: Florida-2023-S0904-Enrolled.html
ENROLLED 2023 Legislature CS for SB 904 2023904er 1 2 An act relating to public records; amending s. 3 616.242, F.S.; providing an exemption from public 4 records requirements for all investigatory records 5 made or received by the Department of Agriculture and 6 Consumer Services pursuant to an active amusement ride 7 investigation for a specified timeframe; providing for 8 future legislative review and repeal of the exemption; 9 providing a statement of public necessity; providing a 10 contingent effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (b) of subsection (14) of section 15 616.242, Florida Statutes, as amended by SB 902, 2023 Regular 16 Session, is amended to read: 17 616.242 Safety standards for amusement rides.— 18 (14) ENTRY FOR INSPECTION OR INVESTIGATION.— 19 (b) The department shall prepare a written report of each 20 investigation it conducts. All investigatory records made or 21 received by the department pursuant to an investigation are 22 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 23 of the State Constitution until such time as the investigation 24 is completed or ceases to be active. For purposes of this 25 paragraph, an investigation is considered active so long as the 26 department is proceeding with reasonable dispatch and has a 27 reasonable good faith belief that additional information is 28 necessary and likely to be discovered which will allow the 29 department, following an accident, to make a final determination 30 of the cause and circumstances of the accident. This paragraph 31 is subject to the Open Government Sunset Review Act in 32 accordance with s. 119.15 and shall stand repealed on October 2, 33 2028, unless reviewed and saved from repeal through reenactment 34 by the Legislature. 35 Section 2. The Legislature finds that it is a public 36 necessity that all investigatory records made or received by the 37 Department of Agriculture and Consumer Services pursuant to an 38 amusement ride investigation by the department pursuant to s. 39 616.242, Florida Statutes, be made confidential and exempt from 40 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 41 State Constitution until the investigation is completed or 42 ceases to be active. The premature release of such records could 43 frustrate or thwart the investigation and impair the ability of 44 the department to effectively and efficiently administer s. 45 616.242, Florida Statutes. In addition, the release of such 46 records before completion of an active investigation could 47 jeopardize the ongoing investigation, thereby affecting the 48 ability of the department to effectively and efficiently 49 administer the investigation. Therefore, the Legislature finds 50 that the harm that may result from the release of investigatory 51 records made or received by the department pursuant to an 52 investigation by the department of a violation of s. 616.242, 53 Florida Statutes, outweighs the public benefit that may be 54 derived from the disclosure of the information. 55 Section 3. This act shall take effect on the same date that 56 SB 902 or similar legislation takes effect, if such legislation 57 is adopted in the same legislative session or an extension 58 thereof and becomes a law.