| 1 | The Committee on Commerce recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public records; creating s. 559.5472, |
| 7 | F.S.; creating an exemption from public records |
| 8 | requirements for documents produced during an |
| 9 | investigation or examination of a commercial collection |
| 10 | agency conducted by the Office of Financial Regulation; |
| 11 | providing for future legislative review and repeal; |
| 12 | providing legislative findings of public necessity; |
| 13 | providing a contingent effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 559.5472, Florida Statutes, is created |
| 18 | to read: |
| 19 | 559.5472 Confidentiality of information relating to |
| 20 | investigations and examinations.-- |
| 21 | (1) Except as otherwise provided in this section, |
| 22 | information received or created during an investigation or |
| 23 | examination by the Office of Financial Regulation of the |
| 24 | Financial Services Commission pursuant to part V or part VI of |
| 25 | this chapter, including any consumer complaint, is confidential |
| 26 | and exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 27 | Constitution until the investigation or examination is completed |
| 28 | or ceases to be active. |
| 29 | (2) The office may provide such confidential and exempt |
| 30 | information to a law enforcement agency, administrative agency, |
| 31 | or regulatory organization in the furtherance of its duties and |
| 32 | responsibilities. The law enforcement agency, administrative |
| 33 | agency, or regulatory organization must maintain the |
| 34 | confidential and exempt status of the information so long as it |
| 35 | would otherwise be confidential and exempt from disclosure. |
| 36 | (3) If such confidential and exempt information is offered |
| 37 | into evidence in any administrative, civil, or criminal |
| 38 | proceeding, the presiding officer may, in her or his discretion, |
| 39 | prevent the disclosure of such information. |
| 40 | (4) Such information shall remain confidential and exempt |
| 41 | from s. 119.07(1) and s. 24(a), Art. I of the State Constitution |
| 42 | until after the office completes its investigation or |
| 43 | examination or the investigation or examination ceases to be |
| 44 | active if disclosure of the document would: |
| 45 | (a) Jeopardize the integrity of another active |
| 46 | investigation; |
| 47 | (b) Reveal the name, address, telephone number, social |
| 48 | security number, or any other identifying information of a |
| 49 | complainant, customer, or account holder; |
| 50 | (c) Reveal the identity of a confidential source; |
| 51 | (d) Reveal investigative techniques or procedures; |
| 52 | (e) Reveal a trade secret as defined in s. 688.002; or |
| 53 | (f) Reveal proprietary business information obtained by |
| 54 | the office from any person which is only made available to the |
| 55 | office on a confidential or similarly restricted basis. |
| 56 |
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| 57 | For purposes of this section, an investigation or examination |
| 58 | shall be considered active so long as the office or any law |
| 59 | enforcement or administrative agency or regulatory organization |
| 60 | is proceeding with reasonable dispatch and has a reasonable good |
| 61 | faith belief that the investigation or examination may lead to |
| 62 | the filing of an administrative, civil, or criminal proceeding |
| 63 | or to the denial or conditional grant of a license, |
| 64 | registration, or permit. |
| 65 | (5) This exemption does not prohibit disclosure of |
| 66 | information that is required by law to be filed with the office |
| 67 | or is otherwise subject to s. 119.07(1) and s. 24(a), Art. I of |
| 68 | the State Constitution. |
| 69 | (6) This section is subject to the Open Government Sunset |
| 70 | Review Act of 1995 in accordance with s. 119.15, and shall stand |
| 71 | repealed on October 2, 2009, unless reviewed and saved from |
| 72 | repeal through reenactment by the Legislature. |
| 73 | Section 2. The Legislature finds that: |
| 74 | (1) It is a public necessity that information received or |
| 75 | created during an investigation or examination conducted by the |
| 76 | Office of Financial Regulation of the Financial Services |
| 77 | Commission pursuant to part V or part VI of chapter 559, Florida |
| 78 | Statutes, including any consumer complaint, be confidential and |
| 79 | exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Art. I |
| 80 | of the State Constitution until the investigation or examination |
| 81 | is completed or ceases to be active or if the office submits the |
| 82 | information to any law enforcement or administrative agency or |
| 83 | regulatory organization for further investigation and that |
| 84 | agency's or organization's investigation is completed or ceases |
| 85 | to be active, in order to protect the integrity of such |
| 86 | investigations or examinations. An investigation or examination |
| 87 | may lead to filing an administrative, civil, or criminal |
| 88 | proceeding or to denying or conditionally granting a license, |
| 89 | registration, or permit. The public necessity exists to the |
| 90 | extent disclosure might jeopardize the integrity of another |
| 91 | active investigation or examination; reveal the name, address, |
| 92 | telephone number, social security number, or any other |
| 93 | identifying information of any complainant, customer, or account |
| 94 | holder; disclose the identity of a confidential source; disclose |
| 95 | investigative techniques or procedures; reveal a trade secret as |
| 96 | defined in s. 688.002, Florida Statutes; or reveal proprietary |
| 97 | business information. |
| 98 | (2) Examinations and investigations by the office |
| 99 | frequently involve the gathering of personal, sensitive |
| 100 | information concerning individuals, such as complainants, |
| 101 | customers, account holders, or other confidential sources. The |
| 102 | office may not otherwise have this information in its possession |
| 103 | but for the examination or investigation. Because of the |
| 104 | sensitive nature of the information gathered, the information |
| 105 | should not be made available to the public. If disclosed, this |
| 106 | information may cause unwarranted damage to such persons by |
| 107 | facilitating identity theft or jeopardizing the safety of such |
| 108 | individuals. |
| 109 | (3) Revealing investigative techniques or procedures may |
| 110 | inhibit the effective and efficient administration of the office |
| 111 | to conduct investigations. Revelation of such techniques or |
| 112 | procedures could allow a person to hide or conceal violations of |
| 113 | law that would have otherwise been discovered during an |
| 114 | examination or investigation. As such, the office's ability to |
| 115 | perform an effective investigation or examination may be |
| 116 | hindered. |
| 117 | (4) Proprietary information or trade secrets are sometimes |
| 118 | necessary for the office to review as part of an ongoing |
| 119 | examination or investigation. Disclosure of such information to |
| 120 | the public may cause injury to the affected entity in the |
| 121 | marketplace if revealed. Providing the confidentiality will |
| 122 | provide the office with the necessary tool to perform its |
| 123 | function while maintaining adequate protection for the affected |
| 124 | business. |
| 125 | Section 3. This act shall take effect on the same date |
| 126 | that HB 1371 or similar legislation takes effect, if such |
| 127 | legislation is adopted in the same legislative session or an |
| 128 | extension thereof and becomes law. |