THE BILL ITSELF
HB 7003
OGSR/Conviction Integrity Unit Reinvestigation Information
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A bill to be entitled
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An act relating to a review under the Open Government
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Sunset Review Act; amending s. 119.071, F.S., which
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provides an exemption from public record requirements
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for certain conviction integrity unit reinvestigation
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information; removing the scheduled repeal of the
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exemption; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (q) of subsection (2) of section
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119.071, Florida Statutes, is amended to read:
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119.071 General exemptions from inspection or copying of
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public records.—
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(2) AGENCY INVESTIGATIONS.—
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(q)1. As used in this paragraph, the term:
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a. "Conviction integrity unit" means a unit within a state
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attorney's office established for the purpose of reviewing
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plausible claims of actual innocence.
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b. "Conviction integrity unit reinvestigation information"
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means information or materials generated during a new
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investigation by a conviction integrity unit following the
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unit's formal written acceptance of an applicant's case. The
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term does not include:
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(I) Information, materials, or records generated by a
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state attorney's office during an investigation done for the
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purpose of responding to motions made pursuant to Rule 3.800,
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Rule 3.850, or Rule 3.853, Florida Rules of Criminal Procedure,
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or any other collateral proceeding.
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(II) Petitions by applicants to the conviction integrity
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unit.
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(III) Criminal investigative information generated before
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the commencement of a conviction integrity unit investigation
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which is not otherwise exempt from this section.
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2. Conviction integrity unit reinvestigation information
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is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution for a reasonable period of time during an active,
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ongoing, and good faith investigation of a claim of actual
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innocence in a case that previously resulted in the conviction
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of the accused person and until the claim is no longer capable
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of further investigation. This paragraph is subject to the Open
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Government Sunset Review Act in accordance with s. 119.15 and
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shall stand repealed on October 2, 2026, unless reviewed and
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saved from repeal through reenactment by the Legislature.
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Section 2. This act shall take effect upon becoming a law.