Bill Text: FL S1536 | 2015 | Regular Session | Comm Sub

---

Bill Title: Public Records/Florida RICO Act Investigations

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-04-24 - Laid on Table, companion bill(s) passed, see HB 7061 (Ch. 2015-99) [S1536 Detail]

Download: Florida-2015-S1536-Comm_Sub.html

---

       Florida Senate - 2015                             CS for SB 1536
       
       
        
       By the Committee on Criminal Justice; and Senator Flores
       
       
       
       
       
       591-03144-15                                          20151536c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 895.06,
    3         F.S.; providing an exemption from public records
    4         requirements for certain documents and information
    5         held by an investigative agency pursuant to an
    6         investigation relating to an activity prohibited under
    7         the Florida RICO Act; authorizing disclosure of such
    8         documents and information under certain conditions;
    9         providing for future legislative review and repeal of
   10         the exemption; providing a statement of public
   11         necessity; providing a contingent effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (7) is added to section 895.06,
   16  Florida Statutes, to read:
   17         895.06 Civil investigative subpoenas; public records
   18  exemption.—
   19         (7)(a) Information held by an investigative agency pursuant
   20  to an investigation of a violation of s. 895.03 is confidential
   21  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   22  Constitution.
   23         (b) Information made confidential and exempt under
   24  paragraph (a) may be disclosed by the investigative agency to:
   25         1. A government entity in the performance of its official
   26  duties.
   27         2. A court or tribunal.
   28         (c) Information made confidential and exempt under
   29  paragraph (a) is no longer confidential and exempt once all
   30  investigations to which the information pertains are completed,
   31  unless the information is otherwise protected by law.
   32         (d) For purposes of this subsection, an investigation is
   33  considered complete once the investigative agency either files
   34  an action or closes its investigation without filing an action.
   35         (e) This subsection is subject to the Open Government
   36  Sunset Review Act in accordance with s. 119.15 and shall stand
   37  repealed on October 2, 2020, unless reviewed and saved from
   38  repeal through reenactment by the Legislature.
   39         Section 2. The Legislature finds that it is a public
   40  necessity that the information held by an investigative agency
   41  pursuant to an investigation of a violation of s. 895.03,
   42  Florida Statutes, relating to an activity prohibited under the
   43  Florida RICO Act, be made confidential and exempt from s.
   44  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   45  State Constitution. Because a Florida RICO Act investigation
   46  conducted by an investigative agency may lead to the filing of a
   47  civil action, the premature release of the information held by
   48  such investigative agency could frustrate or thwart the
   49  investigation and impair the ability of the investigative agency
   50  to effectively and efficiently administer its duties under the
   51  Florida RICO Act, ss. 895.01-895.09, Florida Statutes. This
   52  exemption also protects the reputation of the potential
   53  defendant in the event that the investigation is closed without
   54  the filing of a civil action. Further, without this exemption, a
   55  potential defendant under the Florida RICO Act may learn of the
   56  investigation and dissipate his or her assets and thwart any
   57  future enforcement action under the act. Therefore, the
   58  Legislature finds that it is a public necessity that the
   59  documents and information held by the investigative agency
   60  pursuant to an investigation of a violation of s. 895.03,
   61  Florida Statutes, relating to an activity prohibited under the
   62  Florida RICO Act, be made confidential and exempt from public
   63  records requirements.
   64         Section 3. This act shall take effect on the same date that
   65  SB 1514 or similar legislation relating to offenses concerning
   66  racketeering and illegal debts takes effect, if such legislation
   67  is enacted in the same legislative session or an extension
   68  thereof and becomes law.