HB 0621 2004
1	A bill to be entitled
2	An act relating to a public records exemption; creating s.
3	516.115, F.S.; creating an exemption from public records
4	requirements for information obtained by the Office of
5	Financial Regulation of the Financial Services Commission
6	in connection with investigations and examinations under
7	the Florida Consumer Finance Act; providing a privilege
8	against civil liability for persons who furnish
9	information or evidence to the office; providing a
10	statement of public necessity; providing a contingent
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Section 516.115, Florida Statutes, is created
16	to read:
17	516.115 Confidentiality of information relating to
18	investigations and examinations.--
19	(1)(a) Except as otherwise provided by this section,
20	information relative to an investigation or examination by the
21	office pursuant to this chapter, including any consumer
22	complaint, is confidential and exempt from s. 119.07(1) until
23	the investigation or examination is completed or ceases to be
24	active. The information compiled by the office in such an
25	investigation or examination shall remain confidential and
26	exempt from s. 119.07(1) after the office's investigation or
27	examination is completed or ceases to be active if the office
28	submits the information to any law enforcement or administrative
29	agency or regulatory organization for further investigation.
30	Such information shall remain confidential and exempt from s.
31	119.07(1) until that agency's or organization's investigation is
32	completed or ceases to be active. For purposes of this section,
33	an investigation or examination shall be considered "active" so
34	long as the office or any law enforcement or administrative
35	agency or regulatory organization is proceeding with reasonable
36	dispatch and has a reasonable good faith belief that the
37	investigation or examination may lead to the filing of an
38	administrative, civil, or criminal proceeding or to the denial
39	or conditional grant of a license, registration, or permit. This
40	section shall not be construed to prohibit disclosure of
41	information which is required by law to be filed with the office
42	and which, but for the investigation or examination, would be
43	subject to s. 119.07(1).
44	(b) Except as necessary for the office to enforce the
45	provisions of this chapter, a consumer complaint and other
46	information relative to an investigation or examination shall
47	remain confidential and exempt from s. 119.07(1) after the
48	investigation or examination is completed or ceases to be active
49	to the extent disclosure would:
50	1. Jeopardize the integrity of another active
51	investigation or examination.
52	2. Reveal the name, address, telephone number, social
53	security number, or any other identifying number or information
54	of any complainant, customer, or account holder.
55	3. Disclose the identity of a confidential source.
56	4. Disclose investigative techniques or procedures.
57	5. Reveal a trade secret as defined in s. 688.002.
58	(c) In the event that office personnel are or have been
59	involved in an investigation or examination of such nature as to
60	endanger their lives or physical safety or that of their
61	families, the home addresses, telephone numbers, places of
62	employment, and photographs of such personnel, together with the
63	home addresses, telephone numbers, photographs, and places of
64	employment of spouses and children of such personnel and the
65	names and locations of schools and day care facilities attended
66	by the children of such personnel are confidential and exempt
67	from s. 119.07(1).
68	(d) Nothing in this section shall be construed to prohibit
69	the office from providing information to any law enforcement or
70	administrative agency or regulatory organization. Any law
71	enforcement or administrative agency or regulatory organization
72	receiving confidential information in connection with its
73	official duties shall maintain the confidentiality of the
74	information so long as it would otherwise be confidential.
75	(e) All information obtained by the office from any person
76	which is only made available to the office on a confidential or
77	similarly restricted basis shall be confidential and exempt from
78	s. 119.07(1). This exemption shall not be construed to prohibit
79	disclosure of information which is required by law to be filed
80	with the office or which is otherwise subject to s. 119.07(1).
81	(2) If information subject to subsection (1) is offered in
82	evidence in any administrative, civil, or criminal proceeding,
83	the presiding officer may, in her or his discretion, prevent the
84	disclosure of information which would be confidential pursuant
85	to paragraph (1)(b).
86	(3) A privilege against civil liability is granted to a
87	person who furnishes information or evidence to the office,
88	unless such person acts in bad faith or with malice in providing
89	such information or evidence.
90	Section 2. The Legislature finds that it is a public
91	necessity that information relative to an investigation or
92	examination conducted by the Office of Financial Regulation of
93	the Financial Services Commission pursuant to chapter 516,
94	Florida Statutes, including any consumer complaint, be
95	confidential and exempt from s. 119.07(1), Florida Statutes,
96	until the investigation or examination is completed or ceases to
97	be active or if the office submits the information to any law
98	enforcement or administrative agency or regulatory organization
99	for further investigation and that agency's or organization's
100	investigation is completed or ceases to be active. An
101	investigation or examination may lead to filing an
102	administrative, civil, or criminal proceeding or to denying or
103	conditionally granting a license, registration, or permit. The
104	public necessity exists to the extent disclosure might
105	jeopardize the integrity of another active investigation or
106	examination; reveal the name, address, telephone number, social
107	security number, or any other identifying number or information
108	of any complainant, customer, or account holder; disclose the
109	identity of a confidential source; disclose investigative
110	techniques or procedures; reveal a trade secret as defined in s.
111	688.002, Florida Statutes; or endanger the lives or physical
112	safety of personnel of the office, or that of their families,
113	who are or have been involved in the investigation or
114	examination.
115	Section 3. This act shall take effect July 1, 2004, if HB
116	357 or substantially similar legislation is adopted in the same
117	legislative session or an extension thereof and becomes a law.