Bill Text: FL S7036 | 2020 | Regular Session | Introduced


Bill Title: OGSR/Criminal Intelligence Information/Criminal Investigative Information

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2020-03-10 - Laid on Table, refer to HB 7019 [S7036 Detail]

Download: Florida-2020-S7036-Introduced.html
       Florida Senate - 2020                                    SB 7036
       
       
        
       By the Committee on Criminal Justice
       
       
       
       
       
       591-02257-20                                          20207036__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending ss. 119.071 and 943.0583,
    4         F.S.; abrogating the scheduled repeals of provisions
    5         relating to specified criminal intelligence
    6         information or criminal investigative information;
    7         providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (h) of subsection (2) of section
   12  119.071, Florida Statutes, is amended to read:
   13         119.071 General exemptions from inspection or copying of
   14  public records.—
   15         (2) AGENCY INVESTIGATIONS.—
   16         (h)1. The following criminal intelligence information or
   17  criminal investigative information is confidential and exempt
   18  from s. 119.07(1) and s. 24(a), Art. I of the State
   19  Constitution:
   20         a. Any information that reveals the identity of the victim
   21  of the crime of child abuse as defined by chapter 827 or that
   22  reveals the identity of a person under the age of 18 who is the
   23  victim of the crime of human trafficking proscribed in s.
   24  787.06(3)(a).
   25         b. Any information that may reveal the identity of a person
   26  who is a victim of any sexual offense, including a sexual
   27  offense proscribed in s. 787.06(3)(b), (d), (f), or (g), chapter
   28  794, chapter 796, chapter 800, chapter 827, or chapter 847.
   29         c. A photograph, videotape, or image of any part of the
   30  body of the victim of a sexual offense prohibited under s.
   31  787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796,
   32  chapter 800, s. 810.145, chapter 827, or chapter 847, regardless
   33  of whether the photograph, videotape, or image identifies the
   34  victim.
   35         2. Criminal investigative information and criminal
   36  intelligence information made confidential and exempt under this
   37  paragraph may be disclosed by a law enforcement agency:
   38         a. In the furtherance of its official duties and
   39  responsibilities.
   40         b. For print, publication, or broadcast if the law
   41  enforcement agency determines that such release would assist in
   42  locating or identifying a person that such agency believes to be
   43  missing or endangered. The information provided should be
   44  limited to that needed to identify or locate the victim and not
   45  include the sexual nature of the offense committed against the
   46  person.
   47         c. To another governmental agency in the furtherance of its
   48  official duties and responsibilities.
   49         3. This exemption applies to such confidential and exempt
   50  criminal intelligence information or criminal investigative
   51  information held by a law enforcement agency before, on, or
   52  after the effective date of the exemption.
   53         4. This paragraph is subject to the Open Government Sunset
   54  Review Act in accordance with s. 119.15, and shall stand
   55  repealed on October 2, 2020, unless reviewed and saved from
   56  repeal through reenactment by the Legislature.
   57         Section 2. Subsection (11) of section 943.0583, Florida
   58  Statutes, is amended to read:
   59         943.0583 Human trafficking victim expunction.—
   60         (11)(a) The following criminal intelligence information or
   61  criminal investigative information is confidential and exempt
   62  from s. 119.07(1) and s. 24(a), Art. I of the State
   63  Constitution:
   64         1. Any information that reveals the identity of a person
   65  who is a victim of human trafficking whose criminal history
   66  record has been expunged under this section.
   67         2. Any information that may reveal the identity of a person
   68  who is a victim of human trafficking whose criminal history
   69  record has been ordered expunged under this section.
   70         (b) Criminal investigative information and criminal
   71  intelligence information made confidential and exempt under this
   72  subsection may be disclosed by a law enforcement agency:
   73         1. In the furtherance of its official duties and
   74  responsibilities.
   75         2. For print, publication, or broadcast if the law
   76  enforcement agency determines that such release would assist in
   77  locating or identifying a person that the agency believes to be
   78  missing or endangered. The information provided should be
   79  limited to that needed to identify or locate the victim.
   80         3. To another governmental agency in the furtherance of its
   81  official duties and responsibilities.
   82         (c) This exemption applies to such confidential and exempt
   83  criminal intelligence information or criminal investigative
   84  information held by a law enforcement agency before, on, or
   85  after the effective date of the exemption.
   86         (d) This subsection is subject to the Open Government
   87  Sunset Review Act in accordance with s. 119.15 and shall stand
   88  repealed on October 2, 2020, unless reviewed and saved from
   89  repeal through reenactment by the Legislature.
   90         Section 3. This act shall take effect October 1, 2020.

feedback