Senate Bill sb2416c1

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    Florida Senate - 2004                           CS for SB 2416

    By the Committee on Banking and Insurance; and Senator Sebesta





    311-2250-04

  1                      A bill to be entitled

  2         An act relating to a public records exemption;

  3         creating s. 516.115, F.S.; creating an

  4         exemption from public records requirements for

  5         information obtained by the Office of Financial

  6         Regulation of the Financial Services Commission

  7         in connection with investigations and

  8         examinations under the Florida Consumer Finance

  9         Act; providing for future legislative review

10         and repeal; providing a statement of public

11         necessity; providing an effective date.

12  

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

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15         Section 1.  Section 516.115, Florida Statutes, is

16  created to read:

17         516.115  Public records exemption for investigation and

18  examination information.--

19         (1)  Except as otherwise provided by this section,

20  information received or created during an investigation or

21  examination by the Office of Financial Regulation of the

22  Financial Services Commission pursuant to this chapter,

23  including any consumer complaint, is confidential and exempt

24  from s. 119.07(1) and s. 24(a), Art. I of the State

25  Constitution until the investigation or examination is

26  completed or ceases to be active.

27         (2)  The office may provide such confidential and

28  exempt information to a law enforcement agency, administrative

29  agency, or regulatory organization in the furtherance of its

30  duties and responsibilities. The law enforcement agency,

31  administrative agency, or regulatory organization must

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    Florida Senate - 2004                           CS for SB 2416
    311-2250-04




 1  maintain the confidential and exempt status of the information

 2  so long as it would otherwise be confidential and exempt from

 3  disclosure.

 4         (3)  If such confidential and exempt information is

 5  offered into evidence in any administrative, civil, or

 6  criminal proceeding, the presiding officer may, in her or his

 7  discretion, prevent the disclosure of such information.

 8         (4)  Such information shall remain confidential and

 9  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

10  Constitution until after the office completes its

11  investigation or examination or the investigation or

12  examination ceases to be active to the extent disclosure

13  would:

14         (a)  Jeopardize the integrity of another active

15  investigation.

16         (b)  Reveal the name, address, telephone number, social

17  security number, or any other identifying information of a

18  complainant, customer, or account holder.

19         (c)  Reveal the identity of a confidential source.

20         (d)  Reveal investigative techniques or procedures.

21         (e)  Reveal a trade secret as defined in s. 688.002.

22         (f)  Reveal proprietary business information obtained

23  by the office from any person which is only made available to

24  the office on a confidential or similarly restricted basis.

25  

26  For purposes of this section, an investigation or examination

27  shall be considered "active" so long as the office or any law

28  enforcement or administrative agency or regulatory

29  organization is proceeding with reasonable dispatch and has a

30  reasonable good faith belief that the investigation or

31  examination may lead to the filing of an administrative,

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    Florida Senate - 2004                           CS for SB 2416
    311-2250-04




 1  civil, or criminal proceeding or to the denial or conditional

 2  grant of a license, registration, or permit.

 3         (5)  This exemption does not prohibit disclosure of

 4  information that is required by law to be filed with the

 5  office or that is otherwise subject to s. 119.07(1) and s.

 6  24(a), Art. I of the State Constitution.

 7         (6)  This section is subject to the Open Government

 8  Sunset Review Act of 1995 in accordance with s. 119.15, and

 9  shall stand repealed on October 2, 2009, unless reviewed and

10  saved from repeal through reenactment by the Legislature.

11         Section 2.  (1)  The Legislature finds that it is a

12  public necessity that information received or created during

13  an investigation or examination conducted by the Office of

14  Financial Regulation of the Financial Services Commission

15  pursuant to chapter 516, Florida Statutes, including any

16  consumer complaint, be confidential and exempt from section

17  119.07(1), Florida Statutes, and Section 24(a) of Article I of

18  the State Constitution until the investigation or examination

19  is completed or ceases to be active or, if the office submits

20  the information to any law enforcement or administrative

21  agency or regulatory organization for further investigation,

22  that agency's or organization's investigation is completed or

23  ceases to be active, in order to protect the integrity of such

24  investigations or examinations. An investigation or

25  examination may lead to filing an administrative, civil, or

26  criminal proceeding or to denying or conditionally granting a

27  license, registration, or permit. The public necessity exists

28  to the extent disclosure might jeopardize the integrity of

29  another active investigation or examination; reveal the name,

30  address, telephone number, social security number, or any

31  other identifying information of any complainant, customer, or

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    Florida Senate - 2004                           CS for SB 2416
    311-2250-04




 1  account holder; disclose the identity of a confidential

 2  source; disclose investigative techniques or procedures;

 3  reveal a trade secret as defined in section 688.002, Florida

 4  Statutes; or reveal proprietary business information.

 5         (2)  Examinations and investigations by the office

 6  frequently involve the gathering of personal, sensitive

 7  information concerning individuals, such as complainants,

 8  customers, account holders, or other confidential sources. The

 9  office may not otherwise have this information in its

10  possession but for the examination or investigation. Because

11  of the sensitive nature of the information gathered, the

12  information should not be made available to the public. If

13  disclosed, this information may cause unwarranted damage to

14  such persons by facilitating identity theft or jeopardizing

15  the safety of such individuals.

16         (3)  Revealing investigative techniques or procedures

17  may inhibit the effective and efficient administration of the

18  office to conduct investigations. Revelation of such

19  techniques or procedures could allow a person to hide or

20  conceal violations of law that would have otherwise been

21  discovered during and examination or investigation. As such,

22  the office's ability to perform an effective investigation or

23  examination may be hindered.

24         (4)  Proprietary information or trade secrets are on

25  occasion necessary for the office to review as part of an

26  ongoing examination or investigation. Disclosure of such

27  information to the public may cause injury to the affected

28  entity in the marketplace if revealed. Providing the

29  confidentiality will provide the office with the necessary

30  tools to perform its function while maintaining adequate

31  protection for the affected business.

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    Florida Senate - 2004                           CS for SB 2416
    311-2250-04




 1         Section 3.  This act shall take effect July 1, 2004.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                         Senate Bill 2416

 5                                 

 6  Eliminates the authority of the Office of Financial Regulation
    (OFR) to make certain information identifying OFR personnel
 7  involved in an investigation or examination exempt and
    confidential from s. 119.07(1), F.S., and s. 24(a), Art. I of
 8  the State Constitution, if the OFR determines that such
    involvement would endanger the lives or physical safety of the
 9  personnel or their families.

10  Eliminates a privilege against civil liability to a person who
    furnishes information to the OFR, unless such person acts in
11  bad faith or with malice in providing such information.

12  Provides that the bill is effective July 1, 2004, and deletes
    the provision that it is contingent upon the enactment of
13  another bill.

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