Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1320
       
       
       
       
       
       
                                Ì756996mÎ756996                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2014           .                                
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       (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 662.148, Florida Statutes, is created
    6  and incorporated into chapter 662, Florida Statutes, as created
    7  by SB 1238, 2014 Regular Session, to read:
    8         662.148 Public records exemption.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Reports of examinations, operations, or conditions”
   11  means records submitted to or prepared by the office as part of
   12  the office’s duties performed pursuant to s. 655.012 or s.
   13  655.045(1).
   14         (b) “Working papers” means the records of the procedure
   15  followed, the tests performed, the information obtained, and the
   16  conclusions reached in an examination under s. 655.032 or s.
   17  655.045. The term also includes books and records.
   18         (2) PUBLIC RECORDS EXEMPTION.—The following information
   19  held by the office is confidential and exempt from s. 119.07(1)
   20  and s. 24(a), Art. I of the State Constitution:
   21         (a) Any personal identifying information appearing in
   22  records relating to a registration, an application, or an annual
   23  certification of a family trust company, licensed family trust
   24  company, or foreign licensed family trust company.
   25         (b) Any personal identifying information appearing in
   26  records relating to an examination of a family trust company,
   27  licensed family trust company, or foreign licensed family trust
   28  company.
   29         (c) Any personal identifying information appearing in
   30  reports of examinations, operations, or conditions of a family
   31  trust company, licensed family trust company, or foreign
   32  licensed family trust company, including working papers.
   33         (d) Any portion of a list of names of the shareholders or
   34  members of a family trust company, licensed family trust
   35  company, or foreign licensed family trust company.
   36         (e) Information received by the office from a person from
   37  another state or nation or the Federal Government which is
   38  otherwise confidential or exempt pursuant to the laws of that
   39  state or nation or pursuant to federal law.
   40         (f) An emergency cease and desist order issued under s.
   41  662.143 until the emergency order is made permanent unless the
   42  office finds that such confidentiality will result in
   43  substantial risk of financial loss to the public.
   44         (3) AUTHORIZED RELEASE OF CONFIDENTIAL AND EXEMPT
   45  INFORMATION.—Information made confidential and exempt under
   46  subsection (2) may be disclosed by the office:
   47         (a) To the authorized representative or representatives of
   48  the family trust company, licensed family trust company, or
   49  foreign licensed family trust company under examination. The
   50  authorized representative or representatives shall be identified
   51  in a resolution or by written consent of the board of directors
   52  if the trust company is a corporation, or of the managers if the
   53  trust company is a limited liability company.
   54         (b) To a fidelity insurance company, upon written consent
   55  of the trust company’s board of directors if a corporation, or
   56  its managers if a limited liability company.
   57         (c) To an independent auditor, upon written consent of the
   58  trust company’s board of directors if a corporation, or its
   59  managers if a limited liability company.
   60         (d) To a liquidator, receiver, or conservator for a family
   61  trust company, licensed family trust company, or foreign
   62  licensed family trust company if a liquidator, receiver, or
   63  conservator is appointed. However, any portion of the
   64  information which discloses the identity of a bondholder,
   65  customer, family member, member, or stockholder must be redacted
   66  by the office before releasing such portion to the liquidator,
   67  receiver, or conservator.
   68         (e) To any other state, federal, or foreign agency
   69  responsible for the regulation or supervision of family trust
   70  companies, licensed family trust companies, or foreign licensed
   71  family trust companies.
   72         (f) To a law enforcement agency in the furtherance of the
   73  agency’s official duties and responsibilities.
   74         (g) To the appropriate law enforcement or prosecutorial
   75  agency for the purpose of reporting any suspected criminal
   76  activity.
   77         (h) Pursuant to a legislative subpoena. A legislative body
   78  or committee that receives records or information pursuant to
   79  such a subpoena must maintain the confidential status of such
   80  records or information, except in a case involving the
   81  investigation of charges against a public official subject to
   82  impeachment or removal, in which case records or information
   83  shall only be disclosed to the extent necessary as determined by
   84  such legislative body or committee.
   85         (4) PUBLICATION OF INFORMATION.—This section does not
   86  prevent or restrict the publication of:
   87         (a) A report required by federal law.
   88         (b) The name of the family trust company, licensed family
   89  trust company, or foreign licensed family trust company and the
   90  name and address of the registered agent of that company.
   91         (5) PENALTY.—A person who willfully discloses information
   92  made confidential and exempt by this section commits a felony of
   93  the third degree, punishable as provided in s. 775.082, s.
   94  775.083, or s. 775.084.
   95         (6) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
   96  to the Open Government Sunset Review Act in accordance with s.
   97  119.15 and is repealed on October 2, 2019, unless reviewed and
   98  saved from repeal through reenactment by the Legislature.
   99         Section 2. The Legislature finds that it is a public
  100  necessity that personal identifying information contained in
  101  records held by the Office of Financial Regulation which pertain
  102  to a family trust company, licensed family trust company, or
  103  foreign licensed family trust company relating to registration
  104  or certification; an examination; reports of examinations,
  105  operations, or conditions, including working papers; any portion
  106  of a list of the names of shareholders or members; information
  107  received by the Office of Financial Regulation from a person
  108  from another state or nation or the Federal Government which is
  109  otherwise confidential or exempt pursuant to the laws of that
  110  jurisdiction; or an emergency cease and desist order be made
  111  confidential and exempt from s. 119.07(1), Florida Statutes, and
  112  s. 24(a), Article I of the State Constitution. This exemption is
  113  necessary because:
  114         (1) Financial information and lists of names of family
  115  members, qualified participants, and shareholders, if available
  116  for public access could jeopardize the financial safety of the
  117  family members who are the subject of the information. Families
  118  with a high net worth are frequently the targets of criminal
  119  predators seeking access to their assets. It is important that
  120  the exposure of such families and family members to threats of
  121  extortion, kidnapping, and other crimes not be increased.
  122  Placing family names, private family business records and
  123  methodologies into the public domain would increase the security
  124  risk that a family could become the target of criminal activity.
  125         (2) Public disclosure of an examination, report of
  126  examination, or emergency cease and desist order could expose
  127  families to security risks, and could defame or cause
  128  unwarranted damage to the good name or reputation of the family
  129  that is the subject of the information.
  130         (3) Family trust companies often provide a consolidated
  131  structure for the ownership of an operating business owned by
  132  multiple family members. Placing those private business
  133  operations and methods in the public domain could jeopardize
  134  their business assets, methodologies, and practices.
  135         Section 3. This act shall take effect on the same date that
  136  SB 1238 or similar legislation takes effect, if such legislation
  137  is adopted in the same legislative session or an extension
  138  thereof and becomes law.
  139  
  140  ================= T I T L E  A M E N D M E N T ================
  141  And the title is amended as follows:
  142         Delete everything before the enacting clause
  143  and insert:
  144                        A bill to be entitled                      
  145         An act relating to public records; creating s.
  146         662.148, F.S.; providing definitions; providing an
  147         exemption from public records requirements for certain
  148         information held by the Office of Financial Regulation
  149         relating to a family trust company, licensed family
  150         trust company, or foreign licensed family trust
  151         company; providing for the authorized release of
  152         certain information by the office; authorizing the
  153         publication of certain information; providing a
  154         penalty; providing for future legislative review and
  155         repeal of the exemption; providing a statement of
  156         public necessity; providing a contingent effective
  157         date.