House Bill hb1985

    Florida House of Representatives - 2001                HB 1985

        By the Council for Smarter Government and Representative
    Brummer





  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         560.4045, F.S.; providing an exemption from

  4         public records requirements for personal

  5         identifying information contained in the

  6         database for deferred presentment providers

  7         maintained by the Department of Banking and

  8         Finance under s. 560.404, F.S.; providing

  9         exceptions; providing for future review and

10         repeal; providing findings of public necessity;

11         providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 560.4045, Florida Statutes, is

16  created to read:

17         560.4045  Database for deferred presentment providers;

18  public records exemption.--Personal identifying information of

19  a drawer, as defined in s. 560.402(7), contained within the

20  deferred presentment provider database created pursuant to s.

21  560.404 is confidential and exempt from s. 119.07(1) and s.

22  24(a), Art. I of the State Constitution, except that the

23  deferred presentment providers and the Department of Banking

24  and Finance may access such information in the proper use and

25  maintenance of such database; however, the providers and the

26  department shall maintain the confidential and exempt status

27  of such information.  This section is subject to the Open

28  Government Sunset Review Act of 1995 in accordance with s.

29  119.15, and shall stand repealed on October 2, 2006, unless

30  reviewed and saved from repeal through reenactment by the

31  Legislature.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1985

    405-120-01






  1         Section 2.  The Legislature finds that the exemption

  2  from public records requirements provided by this act is a

  3  public necessity because of the need to prevent identity theft

  4  and related crimes.  Such exemption is essential in preventing

  5  drawers who may already be in financial difficulty from being

  6  put at further risk from the threat of fraud.  The Legislature

  7  further finds that to make such personal identifying

  8  information available would be an unwarranted invasion of the

  9  privacy of such drawer.  Therefore, the release of such

10  information would result in harm that far outweighs any

11  possible public benefit of such release.

12         Section 3.  This act shall take effect upon the

13  effective date of House Bill 213, or substantially similar

14  legislation, which is passed during the 2001 legislative

15  session or an extension thereof and becomes law.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Exempts from public records requirements personal
20    identifying information contained in the database for
      deferred presentment providers maintained by the
21    Department of Banking and Finance. Authorizes the
      department and deferred presentment providers to access
22    such information but requires them to maintain the
      confidential and exempt status of such information.
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CODING: Words stricken are deletions; words underlined are additions.