Florida 2022 Regular Session

Florida House Bill H0385 Latest Draft

Bill / Introduced Version Filed 10/21/2021

                               
 
HB 385  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0385-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to public records; amending s. 2 
320.025, F.S.; expanding a public records exemption to 3 
include all records pertaining to a registration 4 
application submitted by any criminal conflict and 5 
civil regional counsel office; providing for future 6 
legislative review and repeal; providing a statement 7 
of public necessity; providing a contingent effective 8 
date. 9 
 10 
Be It Enacted by the Legislature of the State of Florida: 11 
 12 
 Section 1.  Subsection (3) of section 320.025, Florida 13 
Statutes, is amended, and subsection (4) is added to that 14 
section, to read: 15 
 320.025  Registration certificate and license plate or 16 
decal issued under fictitious name; applic ation.— 17 
 (3)  This section constitutes an exception to other 18 
statutes relating to falsification of public records, false 19 
swearing, and similar matters. All records relating to the 20 
registration application of the Attorney General's Medicaid 21 
Fraud Control Unit, a law enforcement agency, or any state 22 
public defender's office, or any office of criminal conflict and 23 
civil regional counsel, and records necessary to carry out the 24 
intended purpose of this section, are exempt from the provisions 25     
 
HB 385  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0385-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
of s. 119.07(1), and s. 24(a), Art. I of the State Constitution 26 
as long as the information is retained by the department. This 27 
section does not prohibit other personations, fabrications, or 28 
creations of false identifications by the Attorney General's 29 
Medicaid Fraud Control Un it, or law enforcement or public 30 
defender's officers, or a regional counsel office in the 31 
official performance of covert operations. 32 
 (4)  This section is subject to the Open Government Sunset 33 
Review Act in accordance with s. 119.15 and shall stand repeale d 34 
on October 2, 2027, unless reviewed and saved from repeal 35 
through reenactment by the Legislature. 36 
 Section 2.  The Legislature finds that it is a public 37 
necessity that all records relating to the application for a 38 
confidential registration certificate and registration license 39 
plate or decal submitted by an office of criminal conflict and 40 
civil regional counsel, and any other records necessary to carry 41 
out the intended purpose of s. 320.025, Florida Statutes, be 42 
made exempt from s. 119.07(1), Florida Sta tutes, and s. 24(a), 43 
Article I of the State Constitution. Investigations by an office 44 
of criminal conflict and civil regional counsel may be 45 
jeopardized by the registration of motor vehicles under the 46 
office's name or under the names of the office's invest igators 47 
in that persons under investigation may acquire such 48 
registration information in order to seek retaliation against 49 
the office or its investigators. Authorizing offices of criminal 50     
 
HB 385  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0385-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
conflict and civil regional counsel to obtain confidential 51 
registration certificates and registration license plates or 52 
decals in the same manner as other law enforcement agencies 53 
would better ensure the safety of the regional counsel offices' 54 
investigators in performing their official duties. 55 
 Section 3.  This act shall take effect on the same date 56 
that HB 383 or similar legislation takes effect , if such 57 
legislation is adopted in the same legislative session or an 58 
extension thereof and becomes a law. 59