Senate Bill sb0892c1

    Florida Senate - 2001                            CS for SB 892

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    302-1893-01

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public-records requirements for

  4         identifying information relating to a database

  5         for deferred presentment providers which is

  6         created and maintained by the Department of

  7         Banking and Finance under s. 560.404, F.S.;

  8         providing exceptions; providing for future

  9         review and repeal; providing findings of public

10         necessity; providing an effective date.

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

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14         Section 1.  Database for deferred presentment

15  providers; public-records exemption.--The identifying

16  information contained in the database for deferred presentment

17  providers, which is authorized under section 560.404, Florida

18  Statutes, is confidential and exempt from section 119.07(1),

19  Florida Statutes, and Section 24(a), Article I of the State

20  Constitution, except that the identifying information in the

21  database may be accessed by deferred presentment providers to

22  verify whether any deferred presentment transactions are

23  outstanding for a particular person and by the Department of

24  Banking and Finance for the purpose of maintaining the

25  database. This section is subject to the Open Government

26  Sunset Review Act of 1995 in accordance with section 119.15,

27  Florida Statutes, and shall stand repealed October 2, 2006,

28  unless reviewed and saved from repeal through reenactment by

29  the Legislature.

30         Section 2.  The Legislature finds that the exemption

31  from public-records requirements which is provided in this act

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






    Florida Senate - 2001                            CS for SB 892
    302-1893-01




  1  is a public necessity due to the need to prevent identity

  2  theft and related crimes and to prevent borrowers who may

  3  already be in financial difficulty from being put at further

  4  risk from the threat of fraud. The Legislature further finds

  5  that to make such identifying information available would be

  6  an unwarranted invasion of the privacy of the person who

  7  furnishes to a deferred presentment provider the information

  8  that the provider submits to the Department of Banking and

  9  Finance for incorporation into the database.

10         Section 3.  This act shall take effect upon the

11  effective date of the Committee Substitute for Committee

12  Substitute for Senate Bills 1526 and 314, or substantially

13  similar legislation, which is passed during the 2001

14  legislative session or an extension thereof.

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16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                              SB 892

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19  Makes identifying information contained in a deferred
    presentment provider database confidential and exempt.
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    Provides exceptions to the exemption.
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    Provides for review and repeal.
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    Provides a statement of public necessity.
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CODING: Words stricken are deletions; words underlined are additions.