Bill Text: FL S1446 | 2015 | Regular Session | Introduced

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

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Bill Title: Public Records/Department of Agriculture and Consumer Services

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Vetoed) 2015-04-27 - Laid on Table [S1446 Detail]

Download: Florida-2015-S1446-Introduced.html

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       Florida Senate - 2015                                    SB 1446
       
       
        
       By Senator Richter
       
       
       
       
       
       23-01727-15                                           20151446__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         570.077, F.S.; providing an exemption from public
    4         records requirements for information received by the
    5         Department of Agriculture and Consumer Services from
    6         another state or federal agency and which is otherwise
    7         confidential or exempt pursuant to the laws of the
    8         other state or federal law; providing an exemption
    9         from public records requirements for information
   10         received or developed by the department as part of an
   11         investigation with another state or federal agency;
   12         providing applicability; providing for future
   13         legislative review and repeal; providing a statement
   14         of public necessity; providing a contingent effective
   15         date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 570.077, Florida Statutes, is created to
   20  read:
   21         570.077 Confidentiality of intelligence and investigative
   22  information.—
   23         (1) The following information held by the Department of
   24  Agriculture and Consumer Services before, on, or after July 1,
   25  2015, is confidential and exempt from s. 119.07(1) and s. 24(a),
   26  Art. I of the State Constitution:
   27         (a) Criminal and civil intelligence, investigative
   28  information, and any other information received from another
   29  state or federal regulatory, administrative, or criminal justice
   30  agency which is confidential or exempt pursuant to the laws of
   31  the other state or federal law.
   32         (b) Information that is received or developed by the
   33  department as part of a joint or multiagency examination or
   34  investigation with another state or federal regulatory,
   35  administrative, or criminal justice agency. The department may
   36  obtain and use the information in accordance with the conditions
   37  imposed by the joint or multiagency agreement.
   38         (2) Subsection (1) does not apply to information received
   39  or developed by the department which would otherwise be
   40  available for public inspection if the department had conducted
   41  an independent examination or investigation under Florida law.
   42         (3) This section is subject to the Open Government Sunset
   43  Review Act in accordance with s. 119.15 and shall stand repealed
   44  on October 2, 2020, unless reviewed and saved from repeal
   45  through reenactment by the Legislature.
   46         Section 2. (1) The Legislature finds that it is a public
   47  necessity that criminal and civil intelligence, investigative
   48  information, and any other information held by the Department of
   49  Agriculture and Consumer Services before, on, or after July 1,
   50  2015, which is received from another state or federal
   51  regulatory, administrative, or criminal justice agency and which
   52  is confidential or exempt pursuant to the laws of the other
   53  state or federal law be made confidential and exempt from s.
   54  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   55  State Constitution. Without the exemption, the department will
   56  be unable to obtain information that could assist it in pursuing
   57  violations of law under its jurisdiction. With this exemption,
   58  the department should increase efficiency of investigations by
   59  saving time in developing investigative leads, witness data, and
   60  victim data.
   61         (2) The Legislature finds that it is a public necessity
   62  that information held by the Department of Agriculture and
   63  Consumer Services which is received or developed by the
   64  department as part of a joint or multiagency examination or
   65  investigation with another state or federal regulatory,
   66  administrative, or criminal justice agency be made confidential
   67  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   68  Article I of the State Constitution. The exemption is necessary
   69  to enable the department to participate in joint or multiagency
   70  investigations and examinations. Without the exemption, the
   71  department would continue to be excluded from information due to
   72  the inability to maintain investigative confidentiality. Without
   73  the sharing and coordination of information, governmental
   74  agencies may be required to conduct duplicative independent
   75  investigations or examinations in order to meet their regulatory
   76  responsibilities. With this exemption, the department will
   77  strengthen relationships with other local, state, and federal
   78  agencies, allowing them to become more efficient by sharing
   79  critical intelligence and investigative data.
   80         Section 3. This act shall take effect on the same date that
   81  SB ____ or similar legislation takes effect, if such legislation
   82  is adopted in the same legislative session or an extension
   83  thereof and becomes a law.