Florida 2023 Regular Session

Florida House Bill H1243 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1243 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to public records; amending s. 2
16	16	616.242, F.S.; providing an exemption from public 3
17	17	records requirements for all investigatory records 4
18	18	made or received by the Department of Agriculture and 5
19	19	Consumer Services pursuant to an active amusement ride 6
20	20	investigation for a specified timeframe; providing for 7
21	21	future legislative review and repeal of the exemption; 8
22	22	providing a statement of public necessity; pr oviding a 9
23	23	contingent effective date. 10
24	24	11
25	25	Be It Enacted by the Legislature of the State of Florida: 12
26	26	13
27	27	Section 1. Paragraph (b) of subsection (14) of section 14
28	28	616.242, Florida Statutes, as amended by HB 1241, 2023 Regular 15
29	29	Session, is amended to read: 16
30	30	616.242 Safety standards for amusement rides. — 17
31	31	(14) ENTRY FOR INSPECTION OR INVESTIGATION. — 18
32	32	(b) The department shall prepare a written report of each 19
33	33	investigation it conducts. All investigatory records made or 20
34	34	received by the department pursuant to an i nvestigation are 21
35	35	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 22
36	36	of the State Constitution until such time as the investigation 23
37	37	is completed or ceases to be active. For purposes of this 24
38	38	paragraph, an investigation is considered active so lon g as the 25
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40	40	HB 1243 2023
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1243-00
46	46	Page 2 of 3
47	47	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
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49	49
50	50
51	51	department is proceeding with reasonable dispatch and has a 26
52	52	reasonable good faith belief that additional information is 27
53	53	necessary and likely to be discovered which will allow the 28
54	54	department, following an accident, to make a final determination 29
55	55	of the cause and circumstances of the accident. This paragraph 30
56	56	is subject to the Open Government Sunset Review Act in 31
57	57	accordance with s. 119.15 and shall stand repealed on October 2, 32
58	58	2028, unless reviewed and saved from repeal through reenactment 33
59	59	by the Legislature. 34
60	60	Section 2. The Legislature finds that it is a public 35
61	61	necessity that all investigatory records made or received by the 36
62	62	Department of Agriculture and Consumer Services pursuant to an 37
63	63	amusement ride investigation by the department pursuant to s. 38
64	64	616.242, Florida Statutes, be made confidential and exempt from 39
65	65	s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 40
66	66	State Constitution until the investigation is completed or 41
67	67	ceases to be active. The premature release of such records could 42
68	68	frustrate or thwart the investigation and impair the ability of 43
69	69	the department to effectively and efficiently administer s. 44
70	70	616.242, Florida Statutes. In addition, the release of such 45
71	71	records before completion of an active investigation could 46
72	72	jeopardize the ongoing investigation, thereby affecting the 47
73	73	ability of the department to effectively and efficiently 48
74	74	administer the investigation. Therefore, the Legislature finds 49
75	75	that the harm that may result from the release of investigatory 50
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77	77	HB 1243 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1243-00
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84	84	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
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88	88	records made or received by the department pursuant to an 51
89	89	investigation by the department of a violation of s. 616.242, 52
90	90	Florida Statutes, outweighs the public benefit that may be 53
91	91	derived from the disclosure of the information. 54
92	92	Section 3. This act shall take effect on the same date 55
93	93	that HB 1241 or similar legislation takes effect , if such 56
94	94	legislation is adopted in the same legislative session or an 57
95	95	extension thereof and becomes a law. 58