Florida Senate - 2014                                    SB 1320
       
       
        
       By Senator Richter
       
       
       
       
       
       23-01916-14                                           20141320__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         662.148, F.S.; providing an exemption from public
    4         records requirements for certain information held by
    5         the Office of Financial Regulation relating to a
    6         family trust company, licensed family trust company,
    7         or foreign licensed family trust company; providing
    8         for the authorized release of certain information by
    9         the office; permitting the publication of certain
   10         information; providing a penalty; providing for future
   11         legislative review and repeal of the exemption;
   12         amending ss. 662.146 and 662.147, F.S.; providing for
   13         additional authorized release of certain information
   14         by the office; providing for production of
   15         confidential records pursuant to court orders, orders
   16         by administrative law judges, and legislative
   17         subpoenas; conforming provisions to changes made by
   18         the act; providing a statement of public necessity;
   19         providing a contingent effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 662.148, Florida Statutes, is created
   24  and assigned to part IV of chapter 662, Florida Statutes, as
   25  created by SB ____, 2014 Regular Session, to read:
   26         662.148 Public records exemption; records relating to
   27  family trust companies, licensed family trust companies, and
   28  foreign licensed family trust companies.—
   29         (1) PUBLIC RECORDS EXEMPTION.—The following information
   30  held by the Office of Financial Regulation is confidential and
   31  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   32  Constitution:
   33         (a) All records relating to a registration, an application,
   34  or an annual certification of a family trust company, licensed
   35  family trust company, or foreign licensed family trust company.
   36         (b) All records relating to an examination of a family
   37  trust company, licensed family trust company, or foreign
   38  licensed family trust company.
   39         (c) Reports of examinations, operations, or conditions of a
   40  family trust company, licensed family trust company, or foreign
   41  licensed family trust company, including working papers.
   42         (d) Any portion of a list of names of the shareholders or
   43  members of a family trust company, licensed family trust
   44  company, or foreign licensed family trust company.
   45         (e) Information received by the office from a person from
   46  another state or nation or the Federal Government which is
   47  otherwise confidential or exempt pursuant to the laws of that
   48  state or nation or pursuant to federal law.
   49         (2) AUTHORIZED RELEASE OF CONFIDENTIAL AND EXEMPT
   50  INFORMATION.—Information made confidential and exempt under
   51  subsection (1) may be disclosed by the Office of Financial
   52  Regulation to:
   53         (a) The authorized representative or representatives of the
   54  family trust company, licensed family trust company, or foreign
   55  licensed family trust company under examination. The authorized
   56  representative or representatives shall be identified in a
   57  resolution or by written consent of the board of directors, if
   58  the trust company is a corporation, or of the managers, if the
   59  trust company is a limited liability company.
   60         (b) A fidelity insurance company, upon written consent of
   61  the trust company’s board of directors, if a corporation, or its
   62  managers, if a limited liability company.
   63         (c) An independent auditor, upon written consent of the
   64  trust company’s board of directors, if a corporation, or its
   65  managers, if a limited liability company.
   66         (d) A liquidator, receiver, or conservator for a family
   67  trust company, licensed family trust company, or foreign
   68  licensed family trust company in the event of the appointment of
   69  the liquidator, receiver, or conservator. However, any portion
   70  of the information which discloses the identity of a bondholder,
   71  customer, family member, member, or stockholder must be redacted
   72  by the Office of Financial Regulation before the release of such
   73  portion to the liquidator, receiver, or conservator.
   74         (e) Any other state, federal, or foreign agency responsible
   75  for the regulation or supervision of family trust companies,
   76  licensed family trust companies, or foreign licensed family
   77  trust companies.
   78         (f) A law enforcement agency in the furtherance of the
   79  agency’s official duties and responsibilities.
   80         (3) PUBLICATION OF INFORMATION.—This section does not
   81  prevent or restrict the publication of:
   82         (a) A report required by federal law.
   83         (b) The name of the family trust company, licensed family
   84  trust company, or foreign licensed family trust company and the
   85  name and address of the registered agent of that company.
   86         (4) PENALTY.—A person who willfully discloses information
   87  made confidential and exempt by this section commits a felony of
   88  the third degree, punishable as provided in s. 775.082, s.
   89  775.083, or s. 775.084.
   90         (5) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
   91  to the Open Government Sunset Review Act in accordance with s.
   92  119.15 and shall stand repealed on October 2, 2019, unless
   93  reviewed and saved from repeal through reenactment by the
   94  Legislature.
   95         Section 2. Paragraphs (d), (e), and (f) of subsection (1)
   96  of section 662.146, Florida Statutes, as created by SB ____,
   97  2014 Regular Session, are redesignated as paragraphs (e), (f),
   98  and (g), respectively, and a new paragraph (d) is added to that
   99  subsection, to read:
  100         662.146 Confidentiality of books and records.—
  101         (1) The books and records of a family trust company,
  102  licensed family trust company, and foreign licensed family trust
  103  company are confidential and shall be made available for
  104  inspection and examination only:
  105         (d) As compelled by legislative subpoena as provided by
  106  law, in which case s. 662.47 applies;
  107         Section 3. Subsections (1), (2), and (3) of section
  108  662.147, Florida Statutes, as created by SB ____, 2014 Regular
  109  Session, are renumbered as subsections (3), (4), and (5),
  110  respectively, and new subsections (1) and (2) are added to that
  111  section, to read:
  112         662.147 Records relating to the office examination; limited
  113  restrictions on public access.—
  114         (1) The public records exemptions contained in s. 662.148
  115  do not prevent or restrict the Office of Financial Regulation
  116  from:
  117         (a) Furnishing records or information to any other state,
  118  federal, or foreign agency responsible for the regulation or
  119  supervision of family trust companies, licensed family trust
  120  companies, or foreign licensed family trust companies.
  121         (b) Reporting any suspected criminal activity, with
  122  supporting documents and information, to appropriate law
  123  enforcement and prosecutorial agencies.
  124         (2)(a) Orders issued by courts or administrative law judges
  125  for the production of confidential records or information must
  126  provide for inspection in camera by the court or the
  127  administrative law judge. If the court or administrative law
  128  judge determines that the documents requested are relevant or
  129  would likely lead to the discovery of admissible evidence, the
  130  documents shall be subject to further orders by the court or the
  131  administrative law judge to protect the confidentiality thereof.
  132  An order directing the release of information shall be
  133  immediately reviewable, and a petition by the office for review
  134  of the order shall automatically stay any further proceedings in
  135  the trial court or the administrative hearing until the
  136  disposition of the petition by the reviewing court. If any other
  137  party files a petition for review, it will operate as a stay of
  138  the proceedings only upon order of the reviewing court.
  139         (b) Confidential records and information furnished pursuant
  140  to a legislative subpoena shall be kept confidential by the
  141  legislative body or committee that received the records or
  142  information, except in a case involving the investigation of
  143  charges against a public official subject to impeachment or
  144  removal, in which case disclosure of the information shall be
  145  only to the extent necessary as determined by the legislative
  146  body or committee.
  147         Section 4. The Legislature finds that it is a public
  148  necessity that records held by the Office of Financial
  149  Regulation which pertain to a family trust company, licensed
  150  family trust company, or foreign licensed family trust company
  151  relating to registration or certification; an examination;
  152  reports of examinations, operations, or conditions, including
  153  working papers; any portion of a list of the names of
  154  shareholders or members; or information received by the Office
  155  of Financial Regulation from a person from another state or
  156  nation or the Federal Government which is otherwise confidential
  157  or exempt pursuant to the laws of that jurisdiction be made
  158  confidential and exempt from s. 119.07(1), Florida Statutes, and
  159  s. 24(a), Article I of the State Constitution. This exemption is
  160  necessary because:
  161         (1) No public interest is served by granting public access
  162  to family trust company records, and no protection is afforded
  163  to the public or the state by allowing public access to private
  164  financial records. Additionally, a family trust company is
  165  prohibited from serving or marketing its services to the general
  166  public in any way; therefore, no public interests are involved.
  167         (2) Families with a high net worth are frequently the
  168  targets of criminal predators seeking access to their assets. It
  169  is important that the exposure of such families to threats of
  170  extortion, kidnapping, and other crimes not be increased.
  171  Placing family business records and methodologies in the public
  172  domain would increase the security risk that a family could
  173  become the target of criminal activity.
  174         (3) Family trust companies often provide a consolidated
  175  structure for the ownership of an operating business owned by
  176  multiple family members. Placing those private business
  177  operations and methods in the public domain could jeopardize
  178  their business assets, methodologies, and practices.
  179         Section 5. This act shall take effect on the same date that
  180  SB ____ or similar legislation takes effect, if such legislation
  181  is adopted in the same legislative session or an extension
  182  thereof and becomes a law.