Florida Senate - 2021 SB 1502 By Senator Harrell 25-01618-21 20211502__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to public records; amending s. 2 319.1414, F.S.; exempting from public records 3 requirements certain information received by the 4 Department of Highway Safety and Motor Vehicles as a 5 result of investigations and examinations of private 6 rebuilt inspection providers; providing for future 7 legislative review and repeal of the exemptions; 8 amending s. 319.25, F.S.; exempting from public 9 records requirements certain information received by 10 the department as a result of investigations and 11 examinations relating to title certificates; providing 12 for future legislative review and repeal of the 13 exemptions; amending s. 320.861, F.S.; exempting from 14 public records requirements certain information 15 received by the department as a result of 16 investigations and examinations of persons suspected 17 of violating or of having violated certain laws, 18 rules, or orders relating to motor vehicle licenses; 19 providing for future legislative review and repeal of 20 the exemptions; amending s. 322.71, F.S.; exempting 21 from public records requirements certain information 22 received by the department as a result of 23 investigations and examinations of persons suspected 24 of violating or of having violated certain laws, 25 rules, or orders relating to driver licenses; 26 providing for future legislative review and repeal of 27 the exemptions; providing a statement of public 28 necessity; providing a contingent effective date. 29

Florida Senate - 2021 SB 1502 25-01618-21 20211502__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. 30 Be It Enacted by the Legislature of the State of Florida: 31 32

Section 1. Present subsection (6) of

section 319.1414, 33 Florida Statutes, as created by SB ___, 2021 Regular Session, is 34 redesignated as subsection (7), and a new subsection (6) is 35 added to that section, to read: 36 319.1414 Investigations; examinations; subpoenas; hearings; 37 witnesses.— 38

(6) Information received by the department as a result of 39 an investigation or examination conducted pursuant to this 40

section is confidential and exempt from the disclosure 41 requirements in s. 119.07(1) and s. 24(a), Art. I of the State 42 Constitution until the investigation or examination ceases to be 43 active or administrative action taken by the department has 44 concluded or been made part of any hearing or court proceeding. 45 The department may release information that is made confidential 46 and exempt under this subsection in furtherance of its official 47 duties and responsibilities or, if released to another 48 governmental agency, in the furtherance of that agency’s 49 official duties and responsibilities.

This subsection is subject 50 to the Open Government Sunset Review Act in accordance with s. 51 119.15 and shall stand repealed on October 2, 2026, unless 52 reviewed and saved from repeal through reenactment by the 53 Legislature. 54

Section 2. Present subsection (8) of

section 319.25, 55 Florida Statutes, as amended by SB ____, 2021 Regular Session, 56 is redesignated as subsection (9), and a new subsection (8) is 57 added to that section, to read: 58

Florida Senate - 2021 SB 1502 25-01618-21 20211502__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. 319.25 Cancellation of certificates; investigations; 59 subpoenas and other process; oaths; rules.— 60

(8) Information received by the department as a result of 61 an investigation or examination conducted pursuant to this 62

section is confidential and exempt from the disclosure 63 requirements in s. 119.07(1) and s. 24(a), Art. I of the State 64 Constitution until the investigation or examination ceases to be 65 active or administrative action taken by the department has 66 concluded or been made part of any hearing or court proceeding. 67 The department may release information that is made confidential 68 and exempt under this subsection in furtherance of its official 69 duties and responsibilities or, if released to another 70 governmental agency, in the furtherance of that agency’s 71 official duties and responsibilities.

This subsection is subject 72 to the Open Government Sunset Review Act in accordance with s. 73 119.15 and shall stand repealed on October 2, 2026, unless 74 reviewed and saved from repeal through reenactment by the 75 Legislature. 76

Section 3. Present subsection (6) of

section 320.861, 77 Florida Statutes, as amended by SB ___, 2021 Regular Session, is 78 redesignated as subsection (7), and a new subsection (6) is 79 added to that section, to read: 80 320.861 Investigations; subpoenas and other process; oaths; 81 rules.— 82

(6) Information received by the department as a result of 83 an investigation or examination conducted pursuant to this 84

chapter is confidential and exempt from the disclosure 85 requirements in s. 119.07(1) and s. 24(a), Art. I of the State 86 Constitution until the investigation or examination ceases to be 87

Florida Senate - 2021 SB 1502 25-01618-21 20211502__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. active or administrative action taken by the department has 88 concluded or been made part of any hearing or court proceeding. 89 The department may release information that is made confidential 90 and exempt under this subsection in furtherance of its official 91 duties and responsibilities or, if released to another 92 governmental agency, in the furtherance of that agency’s 93 official duties and responsibilities.

This subsection is subject 94 to the Open Government Sunset Review Act in accordance with s. 95 119.15 and shall stand repealed on October 2, 2026, unless 96 reviewed and saved from repeal through reenactment by the 97 Legislature. 98

Section 4. Present subsection (6) of

section 322.71, 99 Florida Statutes, as created by SB ___, 2021 Regular Session, is 100 redesignated as subsection (7), and a new subsection (6) is 101 added to that section, to read: 102 322.71 Investigations; subpoenas and other process; oaths; 103 rules.— 104

(6) Information received by the department as a result of 105 an investigation or examination conducted pursuant to this 106

chapter is confidential and exempt from the disclosure 107 requirements in s. 119.07(1) and s. 24(a), Art. I of the State 108 Constitution until the investigation or examination ceases to be 109 active or administrative action taken by the department has 110 concluded or been made part of any hearing or court proceeding. 111 The department may release information that is made confidential 112 and exempt under this subsection in furtherance of its official 113 duties and responsibilities or, if released to another 114 governmental agency, in the furtherance of that agency’s 115 official duties and responsibilities. This subsection is subject 116

Florida Senate - 2021 SB 1502 25-01618-21 20211502__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. to the Open Government Sunset Review Act in accordance with s. 117 119.15 and shall stand repealed on October 2, 2026, unless 118 reviewed and saved from repeal through reenactment by the 119 Legislature. 120

Section 5. The Legislature finds that it is a public 121 necessity that information received by the Department of Highway 122 Safety and Motor Vehicles as a result of an investigation or 123 examination conducted pursuant to s. 319.1414, s. 319.25, 124

chapter 320 as provided in s. 320.861, or

chapter 322 as 125 provided in s. 322.71, Florida Statutes, be made confidential 126 and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 127

Article I of the State Constitution until the investigation or 128 examination ceases to be active or administrative action taken 129 by the department has concluded or been made part of any hearing 130 or court proceeding.

The release of such information about a 131 pending investigation or examination of violations of ss. 132 319.1414 and 319.25, Florida Statutes, and chapters 320 and 322, 133 Florida Statutes, could obstruct or jeopardize the integrity of 134 the investigation or examination and impair the ability of the 135 Department of Highway Safety and Motor Vehicles to perform its 136 official duties and carry out its responsibilities under ss. 137 319.1414 and 319.25, Florida Statutes, and chapters 320 and 322, 138 Florida Statutes.

Therefore, the Legislature finds that it is a 139 public necessity to make such information confidential and 140 exempt from public records requirements. 141

Section 6. This act shall take effect on the same date that 142 SB ___ or similar legislation takes effect, if such legislation 143 is adopted in the same legislative session or an extension 144 thereof and becomes a law. 145