Senate Bill sb2428

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    Florida Senate - 2004                                  SB 2428

    By Senator Crist





    12-1403-04

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         559.5472, F.S.; creating an exemption from

  4         public-records requirements for documents

  5         produced during an investigation or examination

  6         of a commercial collection agency conducted by

  7         the Office of Financial Regulation; creating s.

  8         559.7261, F.S.; creating an exemption from

  9         public-records requirements for documents

10         produced during an investigation or examination

11         of a consumer collection agency conducted by

12         the office; providing for future legislative

13         review and repeal; providing findings of public

14         necessity; providing a contingent effective

15         date.

16  

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

18  

19         Section 1.  Section 559.5472, Florida Statutes, is

20  created to read:

21         559.5472  Confidentiality of information relating to

22  investigations and examinations.--

23         (1)(a)  Except as otherwise provided in this section,

24  documents made or produced in the course of an investigation

25  or examination of a commercial collection agency by the office

26  under this chapter are confidential and exempt from s.

27  119.07(1) and s. 24(a), Art. I of the State Constitution until

28  the investigation or examination is completed or ceases to be

29  active. The documents shall remain confidential and exempt

30  from disclosure after the investigation or examination is

31  complete or ceases to be active if the office submits the

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    Florida Senate - 2004                                  SB 2428
    12-1403-04




 1  documents to a law enforcement agency or an administrative

 2  agency for further investigation. The documents shall remain

 3  confidential and exempt from disclosure until that agency's

 4  investigation is complete or ceases to be active.

 5         (b)  For purposes of this section, an investigation or

 6  examination is considered active so long as the office, a law

 7  enforcement agency, or an administrative agency is proceeding

 8  with reasonable dispatch and has a good faith belief that the

 9  investigation or examination may lead to the filing of an

10  administrative, civil, or criminal proceeding or to the denial

11  or conditional grant of registration. This subsection does not

12  prohibit the disclosure of information that is required by law

13  to be filed with the office and that, but for the

14  investigation or examination, would be subject to public

15  disclosure.

16         (c)  Documents made or compiled during an investigation

17  or examination shall remain confidential and exempt from s.

18  119.07(1) and s. 24(a), Art. I of the State Constitution after

19  the investigation or examination is completed or ceases to be

20  active if disclosure of the document would:

21         1.  Jeopardize the integrity of another active

22  investigation or examination;

23         2.  Reveal the name, address, telephone number, social

24  security number, or any other identifying number or

25  information of any complainant, customer, or account holder;

26         3.  Disclose the identity of a confidential source;

27         4.  Disclose investigative or examination techniques or

28  procedures; or

29         5.  Reveal a trade secret as defined in s. 688.002.

30         (d)  If an employee of the office has been involved in

31  an investigation or examination that might endanger the

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    Florida Senate - 2004                                  SB 2428
    12-1403-04




 1  employee's life or physical safety or that of the employee's

 2  family, the home address, telephone number, and photograph of

 3  the employee, together with the home address, telephone

 4  number, photographs, and places of employment of the spouse

 5  and children of the employee and the names and locations of

 6  schools and day care facilities attended by the children of

 7  the employee are confidential and exempt from s. 119.07(1) and

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

 9         (e)  This exemption does not prohibit the office from

10  providing documents to a law enforcement agency or

11  administrative agency. A law enforcement or administrative

12  agency receiving confidential information in connection with

13  its official duties shall maintain the confidentiality of the

14  information so long as that information would otherwise be

15  confidential.

16         (f)  All information obtained by the office from any

17  source which is only made available to the office on a

18  confidential or similarly restricted basis shall be

19  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

20  of the State Constitution. This exemption does not prohibit

21  disclosure of information that is required by law to be filed

22  with the office or is otherwise subject to public disclosure.

23         (2)  If information subject to subsection (1) is

24  offered in evidence in any administrative, civil, or criminal

25  proceeding, the presiding officer may prevent the disclosure

26  of information that would be confidential under paragraph

27  (1)(c).

28         (3)  A person who furnishes information or evidence to

29  the office is immune from civil liability unless the person

30  acts in bad faith or with malice in providing the information

31  or evidence.

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    Florida Senate - 2004                                  SB 2428
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 1         (4)  The office may enter into an agreement with any

 2  law enforcement or administrative agency to keep confidential

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

 4  Constitution any information furnished to the office under the

 5  agreement.

 6         Section 2.  Section 559.7261, Florida Statutes, is

 7  created to read:

 8         559.7261  Confidentiality of information relating to

 9  investigations and examinations.--

10         (1)(a)  Except as otherwise provided in this section,

11  documents made or produced in the course of an investigation

12  or examination of a consumer collection agency by the office

13  under this chapter are confidential and exempt from s.

14  119.07(1) and s. 24(a), Art. I of the State Constitution until

15  the investigation or examination is completed or ceases to be

16  active. The documents shall remain confidential and exempt

17  from disclosure after the investigation or examination is

18  complete or ceases to be active if the office submits the

19  documents to a law enforcement agency or administrative agency

20  for further investigation. The documents shall remain

21  confidential and exempt from disclosure until that agency's

22  investigation is complete or ceases to be active.

23         (b)  For purposes of this section, an investigation or

24  examination is considered active so long as the office, a law

25  enforcement agency, or an administrative agency is proceeding

26  with reasonable dispatch and has a good faith belief that the

27  investigation or examination may lead to the filing of an

28  administrative, civil, or criminal proceeding or to the denial

29  or conditional grant of registration. This subsection does not

30  prohibit the disclosure of information that is required by law

31  to be filed with the office and that, but for the

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    Florida Senate - 2004                                  SB 2428
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 1  investigation or examination, would be subject to public

 2  disclosure.

 3         (c)  Documents made or compiled during an investigation

 4  or examination shall remain confidential and exempt from s.

 5  119.07(1) and s. 24(a), Art. I of the State Constitution after

 6  the investigation or examination is completed or ceases to be

 7  active if disclosure of the document would:

 8         1.  Jeopardize the integrity of another active

 9  investigation or examination;

10         2.  Reveal the name, address, telephone number, social

11  security number, or any other identifying number or

12  information of any complainant, customer, or account holder;

13         3.  Disclose the identity of a confidential source;

14         4.  Disclose investigative or examination techniques or

15  procedures; or

16         5.  Reveal a trade secret as defined in s. 688.002.

17         (d)  If an employee of the office has been involved in

18  an investigation or examination that might endanger the

19  employee's life or physical safety or that of the employee's

20  family, the home address, telephone number, and photograph of

21  the employee, together with the home address, telephone

22  number, photographs, and places of employment of the spouse

23  and children of the employee and the names and locations of

24  schools and day care facilities attended by the children of

25  the employee are confidential and exempt.

26         (e)  This subsection does not prohibit the office from

27  providing documents to a law enforcement agency or

28  administrative agency. A law enforcement or administrative

29  agency receiving confidential information in connection with

30  its official duties shall maintain the confidentiality of the

31  

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    Florida Senate - 2004                                  SB 2428
    12-1403-04




 1  information so long as that information would otherwise be

 2  confidential.

 3         (f)  All information obtained by the office from any

 4  source which is only made available to the office on a

 5  confidential or similarly restricted basis shall be

 6  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

 7  of the State Constitution. This exemption does not prohibit

 8  disclosure of information that is required by law to be filed

 9  with the office or is otherwise subject to public disclosure.

10         (2)  If information subject to subsection (1) is

11  offered in evidence in any administrative, civil, or criminal

12  proceeding, the presiding officer may prevent the disclosure

13  of information that would be confidential under paragraph

14  (1)(c).

15         (3)  A person who furnishes information or evidence to

16  the office is immune from civil liability unless the person

17  acts in bad faith or with malice in providing the information

18  or evidence.

19         (4)  The office may enter into an agreement with any

20  law enforcement or administrative agency to keep confidential

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

22  Constitution any information furnished to the office under the

23  agreement.

24         Section 3.  Sections 559.5472 and 559.7261, Florida

25  Statutes, are subject to the Open Government Sunset Review Act

26  of 1995 in accordance with section 119.15, Florida Statutes,

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

28  and saved from repeal through reenactment by the Legislature.

29         Section 4.  The Legislature finds that it is a public

30  necessity that information relating to an active investigation

31  or examination of a consumer or commercial collection agency

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    Florida Senate - 2004                                  SB 2428
    12-1403-04




 1  by the Office of Financial Regulation be made exempt from

 2  public disclosure if the information could jeopardize the

 3  integrity of an active investigation. The Legislature further

 4  finds that certain information relating to an investigation

 5  should remain confidential even after the investigation or

 6  examination ceases to be active. If the release of the

 7  document or information would jeopardize the integrity of

 8  another active investigation; reveal personal identifying

 9  information of a complainant, customer, or account holder;

10  disclose the identity of a confidential source; or disclose

11  investigative or examination techniques or procedures, this

12  information should continue to be confidential and exempt from

13  disclosure. This exemption will preserve the integrity of the

14  office's ongoing investigations and examinations and protect

15  the privacy of persons providing information to the office.

16  Otherwise, release of this information could effectively

17  prevent the office from performing effective investigations or

18  examinations. The Legislature also finds that personal

19  identifying information of office employees should be

20  confidential if, as a result of the investigation or

21  examination, the life or physical safety of the employee, and

22  the employee's family, would be endangered. The Legislature

23  finds that the exemption sought is narrow in that, unless

24  specified otherwise within the exemption, the information

25  resulting from an investigation or examination will become

26  public once the investigation or examination ceases to be

27  active. Moreover, the exemption applies only to information

28  arising from an investigation or examination and does not

29  apply to other information or documents received by the Office

30  of Financial Regulation.

31  

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    Florida Senate - 2004                                  SB 2428
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 1         Section 5.  This act shall take effect on the same date

 2  that SB ____ or similar legislation takes effect, if such

 3  legislation is adopted in the same legislative session or an

 4  extension thereof and becomes law.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Creates an exemption from public-records requirements for
      documents produced during an investigation or examination
 9    of a commercial collection agency or of a consumer
      collection agency conducted by the Office of Financial
10    Regulation. Provides for future legislative review and
      repeal under the Open Government Sunset Review Act of
11    1995. Provides findings of public necessity. (See bill
      for details.)
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