THE BILL ITSELF
HB 7013
OGSR/Department of Highway Safety and Motor Vehicles
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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 ss. 319.1414, 319.25,
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320.861, and 322.71, F.S., which provide exemptions
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from public record requirements for information
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received by the Department of Highway Safety and Motor
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Vehicles as a result of an investigation or
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examination conducted pursuant to certain provisions;
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removing the scheduled repeal dates of the exemptions;
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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. Subsection (5) of section 319.1414, Florida Statutes, is amended to read:
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319.1414 Department-authorized private rebuilt inspection
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providers; investigations; examinations; proceedings; subpoenas
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and other process; witnesses; oaths; rules.—
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(5) Information received by the department as a result of
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an investigation or examination conducted pursuant to this
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section is confidential and exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution until the investigation
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or examination ceases to be active or administrative action
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taken by the department has concluded or been made part of a
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hearing or court proceeding. The department may release
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information that is made confidential and exempt under this
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subsection in furtherance of its official duties and
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responsibilities or, if released to another governmental agency,
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in the furtherance of that agency's official duties and
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responsibilities. This subsection 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. Subsection (7) of section 319.25, Florida
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Statutes, is amended to read:
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319.25 Cancellation of certificates; investigations;
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examinations; proceedings; subpoenas and other process;
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witnesses; oaths; rules.—
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(7) Information received by the department as a result of
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an investigation or examination conducted pursuant to this
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section is confidential and exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution until the investigation
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or examination ceases to be active or administrative action
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taken by the department has concluded or been made part of a
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hearing or court proceeding. The department may release
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information that is made confidential and exempt under this
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subsection in furtherance of its official duties and
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responsibilities or, if released to another governmental agency,
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in the furtherance of that agency's official duties and
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responsibilities. This subsection 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 3. Subsection (5) of section 320.861, Florida Statutes, is amended to read:
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320.861 Investigations; subpoenas and other process;
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oaths; rules.—
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(5) Information received by the department as a result of
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an investigation or examination conducted pursuant to this
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section is confidential and exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution until the investigation
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or examination ceases to be active or administrative action
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taken by the department has concluded or been made part of a
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hearing or court proceeding. The department may release
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information that is made confidential and exempt under this
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subsection in furtherance of its official duties and
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responsibilities or, if released to another governmental agency,
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in the furtherance of that agency's official duties and
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responsibilities. This subsection 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 4. Subsection (5) of section 322.71, Florida
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Statutes, is amended to read:
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322.71 Investigations; examinations; proceedings;
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subpoenas and other process; witnesses; oaths; rules.—
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(5) Information received by the department as a result of
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an investigation or examination conducted pursuant to this
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section is confidential and exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution until the investigation
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or examination ceases to be active or administrative action
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taken by the department has concluded or been made part of a
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hearing or court proceeding. The department may release
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information that is made confidential and exempt under this
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subsection in furtherance of its official duties and
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responsibilities or, if released to another governmental agency,
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in the furtherance of that agency's official duties and
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responsibilities. This subsection 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 5. This act shall take effect upon becoming a law.