Senate Bill sb2428c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 2428
By the Committees on Governmental Oversight and Productivity;
Banking and Insurance; and Senator Crist
302-2433-04
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 or consumer
7 collection agency conducted by the Office of
8 Financial Regulation; providing for future
9 legislative review and repeal; providing a
10 statement of public necessity; providing a
11 contingent effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 559.5472, Florida Statutes, is
16 created to read:
17 559.5472 Confidentiality of information relating to
18 investigations and examinations.--
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 part V or part VI of
23 this chapter, including any consumer complaint, is
24 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
25 of the State Constitution until the investigation or
26 examination is 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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 2428
302-2433-04
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) Such information shall remain confidential and
5 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
6 Constitution until after the office completes its
7 investigation or examination or the investigation or
8 examination ceases to be active to the extent disclosure
9 would:
10 (a) Jeopardize the integrity of another active
11 investigation.
12 (b) Reveal the name, address, telephone number, social
13 security number, or any other identifying information of a
14 complainant, customer, or account holder.
15 (c) Reveal the identity of a confidential source.
16 (d) Reveal investigative techniques or procedures.
17 (e) Reveal a trade secret as defined in s. 688.002.
18 (f) Reveal proprietary business information obtained
19 by the office from any person which is only made available to
20 the office on a confidential or similarly restricted basis.
21
22 For purposes of this section, an investigation or examination
23 shall be considered "active" so long as the office or any law
24 enforcement or administrative agency or regulatory
25 organization is proceeding with reasonable dispatch and has a
26 reasonable good faith belief that the investigation or
27 examination may lead to the filing of an administrative,
28 civil, or criminal proceeding or to the denial or conditional
29 grant of a license, registration, or permit.
30 (4) This exemption does not prohibit disclosure of
31 information that is required by law to be filed with the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 2428
302-2433-04
1 office or that is otherwise subject to s. 119.07(1) and s.
2 24(a), Art. I of the State Constitution.
3 (5) This section is subject to the Open Government
4 Sunset Review Act of 1995 in accordance with s. 119.15, and
5 shall stand repealed on October 2, 2009, unless reviewed and
6 saved from repeal through reenactment by the Legislature.
7 Section 2. (1) The Legislature finds that it is a
8 public necessity that information received or created during
9 an investigation or examination conducted by the Office of
10 Financial Regulation of the Financial Services Commission
11 pursuant to part V or part VI of chapter 559, Florida
12 Statutes, including any consumer complaint, be confidential
13 and exempt from section 119.07(1), Florida Statutes, and
14 Section 24(a) of Article I of the State Constitution until the
15 investigation or examination is completed or ceases to be
16 active or if the office submits the information to any law
17 enforcement or administrative agency or regulatory
18 organization for further investigation and that agency's or
19 organization's investigation is completed or ceases to be
20 active, in order to protect the integrity of such
21 investigations or examinations. An investigation or
22 examination may lead to filing an administrative, civil, or
23 criminal proceeding or to denying or conditionally granting a
24 license, registration, or permit. The public necessity exists
25 to the extent disclosure might jeopardize the integrity of
26 another active investigation or examination; reveal the name,
27 address, telephone number, social security number, or any
28 other identifying information of any complainant, customer, or
29 account holder; disclose the identity of a confidential
30 source; disclose investigative techniques or procedures;
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 2428
302-2433-04
1 reveal a trade secret as defined in section 688.002, Florida
2 Statutes; or reveal proprietary business information.
3 (2) Examinations and investigations by the office
4 frequently involve the gathering of personal, sensitive
5 information concerning individuals, such as complainants,
6 customers, account holders, or other confidential sources. The
7 office may not otherwise have this information in its
8 possession but for the examination or investigation. Because
9 of the sensitive nature of the information gathered, the
10 information should not be made available to the public. If
11 disclosed, this information may cause unwarranted damage to
12 such persons by facilitating identity theft or jeopardizing
13 the safety of such individuals.
14 (3) Revealing investigative techniques or procedures
15 may inhibit the effective and efficient administration of the
16 office to conduct investigations. Revelation of such
17 techniques or procedures could allow a person to hide or
18 conceal violations of law that would have otherwise been
19 discovered during and examination or investigation. As such,
20 the office's ability to perform an effective investigation or
21 examination may be hindered.
22 (4) Proprietary information or trade secrets are on
23 occasion necessary for the office to review as part of an
24 ongoing examination or investigation. Disclosure of such
25 information to the public may cause injury to the affected
26 entity in the marketplace if revealed. Providing the
27 confidentiality will provide the office with the necessary
28 tool to perform its function while maintaining adequate
29 protection for the affected business.
30 Section 3. This act shall take effect July 1, 2004, if
31 CS for SB 2430, or substantially similar legislation, is
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 2428
302-2433-04
1 adopted in the same legislative session or an extension
2 thereof and becomes law.
3
4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 CS/SB 2428
6
7 Removes an unnecessary provision relating to the power of a
presiding officer to admit exempt information into evidence.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
CODING: Words stricken are deletions; words underlined are additions.