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Florida Power and Light Co. As the court stated, "[i]f the common law privileges are to be included as exemptions, it is up to the legislature, and not this Court, to amend the statute.
The Wait decision meant, of course, that the continued efficacy of the Police Secrets Rule, with its common-law heritage, was in considerable doubt. Reacting to this uncertainty, the Legislature amended the Public Records Law during the session to provide a statutory basis for exempting certain police records from public inspection. The amendment to the Public Records Law expressly exempts from the disclosural provisions of s.
Among the records and information so exempted from public inspection are the identity of confidential sources s. The foregoing information is confidential and not subject to public inspection wherever it may be found. I would note that s. Consequently, should any of the foregoing information be contained in a record which is otherwise open to public inspection, it should be excised from the record; the record then should be held open for inspection.
The amendment also exempts from the disclosural provisions of the Public Records Law active criminal intelligence information and active criminal investigative information. Criminal intelligence information is defined as "information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity.
Section To be considered "active," criminal intelligence information must relate to "intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activities. Criminal investigative information is defined as "information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance.
To be considered "active," such information must relate to "an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future. In addition, criminal intelligence and investigative information is to be considered "active" while directly related to a pending prosecution or appeal. In light of the history of the common-law Police Secrets Rule and the recent amendments to the Public Records Law, you have asked whether police crime and arrest reports, while active or after the cases to which they pertain have been closed, are subject to public inspection or whether they should be considered exempt from the disclosural provisions of the Public Records Law.
I must begin by reiterating what was said earlier to the effect that, even under the common law, crime and arrest reports generally were held to be public records subject to public inspection. In view of this, you are really asking whether the Legislature, in creating a statutory basis for confidentiality of certain police records, intended to extend that confidentiality to crime and arrest reports.
If any uncertainty exists with respect to whether such records should be made available to the public, I am constrained to resolve such doubt in favor of public access. See AGO's and and the cases cited therein.go site
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If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. While the law only requires the notice to be posted on the public website, some offices have posted it as a standard footnote on e-mails as well. In the value of teamwork, leadership and clear communication. In a innovative approach to problem solving that will provide members of the office with the resources and authority to do their job. In maintaining high ethical standards. Our Commitment to You! Best Regards, Steve Land.