Senate Bill 7056 (2020) — Public records
SB 7056
Florida Bills
Florida Senate - 2020 SB 7056 By the Committee on Governmental Oversight and Accountability 585-03763-20 20207056__ 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. 2 119.071, F.S.; exempting from public records 3 requirements active threat assessment and active 4 threat management records; providing circumstances 5 under which such records are considered active; 6 defining terms; providing for future legislative 7 review and repeal of the exemption; providing a 8 statement of public necessity; providing an effective 9 date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13
Section 1. Paragraph (
c) of subsection (2) of
section 14 119.071, Florida Statutes, is amended to read: 15 119.071 General exemptions from inspection or copying of 16 public records.— 17
(2) AGENCY INVESTIGATIONS.— 18 (c)1. Active criminal intelligence information and active 19 criminal investigative information are exempt from s. 119.07(1) 20 and s. 24(a), Art. I of the State Constitution. 21 2.a. A request made by a law enforcement agency to inspect 22 or copy a public record that is in the custody of another agency 23 and the custodian’s response to the request, and any information 24 that would identify whether a law enforcement agency has 25 requested or received that public record are exempt from s. 26 119.07(1) and s. 24(a), Art.
I of the State Constitution, during 27 the period in which the information constitutes active criminal 28 intelligence information or active criminal investigative 29
Florida Senate - 2020 SB 7056 585-03763-20 20207056__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. information. 30 b.
The law enforcement agency that made the request to 31 inspect or copy a public record shall give notice to the 32 custodial agency when the criminal intelligence information or 33 criminal investigative information is no longer active so that 34 the request made by the law enforcement agency, the custodian’s 35 response to the request, and information that would identify 36 whether the law enforcement agency had requested or received 37 that public record are available to the public. 38 c.
This exemption is remedial in nature, and it is the 39 intent of the Legislature that the exemption be applied to 40 requests for information received before, on, or after the 41 effective date of this paragraph. 42 3.a. Active criminal intelligence information and active 43 criminal investigative information or other exempt information 44 or records shared with another agency or governmental entity in 45 the furtherance of its official duties and responsibilities 46 under a multidisciplinary information-sharing agreement retain 47 their exempt status.
Active criminal intelligence information 48 and active criminal investigative information and other exempt 49 information or records shared with another criminal justice 50 agency in the furtherance of its official duties retain their 51 exempt status as otherwise provided by law. 52 b. Active threat assessment and active threat management 53 records are exempt from s. 119.07(1) and s. 24(a), Art. I of the 54 State Constitution.
Threat assessment and threat management 55 records shall be considered “active” as long as they relate to 56 an ongoing good faith belief by the Department of Law 57 Enforcement or the lead law enforcement agency that a threat 58
Florida Senate - 2020 SB 7056 585-03763-20 20207056__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. assessment or a threat management plan will lead to detection, 59 reasonable anticipation, prevention, or monitoring of possible 60 targeted violence when the assessment or records are in the 61 possession of a criminal justice agency or its employees, a 62 governmental agency, whether state or federal, or any other 63 governmental entity pursuant to a multidisciplinary information-64 sharing agreement. 65 c.
As used in this subparagraph, the term: 66 (I) “Lead law enforcement agency” means the law enforcement 67 agency designated as the lead agency in a multidisciplinary 68 information-sharing agreement. 69 (II) “Multidisciplinary information-sharing agreement” 70 means an agreement entered into between a lead law enforcement 71 agency and another law enforcement agency, a criminal justice 72 agency, or any other entity to share active criminal 73 intelligence or active criminal investigative information for 74 the purposes of furthering information sharing for law 75 enforcement criminal intelligence purposes, criminal 76 investigative purposes, threat assessments, or threat management 77 plans. 78 (III) “Targeted violence” means a situation involving an 79 identifiable person or group of persons who actively pursue 80 physical injury or harm toward an identifiable target or 81 prospective victim, including, but not limited to, a specific 82 person, a group of persons, an entity, or a location. 83 (IV) “Threat assessment” means the process of collecting 84 and sharing active criminal intelligence information or active 85 criminal investigative information in a multidisciplinary effort 86 to contextualize and understand a targeted violence threat. 87
Florida Senate - 2020 SB 7056 585-03763-20 20207056__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. (V) “Threat management” means the process of developing, 88 implementing, and monitoring an individualized plan in a 89 multidisciplinary effort to intervene, mitigate, or prevent a 90 targeted violence threat. 91 d. This subparagraph is subject to the Open Government 92 Sunset Review Act in accordance with s. 119.15 and shall stand 93 repealed on October 2, 2025, unless reviewed and saved from 94 repeal through reenactment by the Legislature. 95
Section 2. The Legislature finds that it is a public 96 necessity that records related to active threat assessments and 97 active threat management plans be made exempt from s. 119.07(1), 98 Florida Statutes, and s. 24(a),
Article I of the State 99 Constitution. The Legislature finds that it is a public 100 necessity for law enforcement agencies and criminal justice 101 agencies to be able to share active threat assessment and active 102 threat management records securely with vital multidisciplinary 103 partners who have important roles in threat assessments and 104 threat management plans and that the information retain its 105 exempt status.
The Legislature finds that the release of these 106 records could hinder active criminal investigations and could 107 cause harm to the person under the threat assessment and threat 108 management plan and could potentially cause certain individuals 109 to proceed with their intentions to cause targeted violence. The 110 Legislature finds that the release of these records and the 111 potential impact that the release may have on an individual 112 under an active threat assessment or active threat management 113 plan could cause harm to the residents in this state if such 114 information were made public.
The Legislature is gravely 115 concerned and saddened by the horrific mass shootings 116
Florida Senate - 2020 SB 7056 585-03763-20 20207056__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. perpetrated in this state. The Legislature is concerned about 117 the increase in these targeted violence incidents and finds that 118 it is important for law enforcement agencies, criminal justice 119 agencies, and their multidisciplinary partners to use the 120 valuable tools of threat assessments and threat management plans 121 to proactively mitigate and prevent these threats and protect 122 the people of this state. 123