| 1 | A bill to be entitled |
| 2 | An act relating to public records; creating s. 516.115, |
| 3 | 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 active investigations and examinations |
| 7 | under the Florida Consumer Finance Act; providing an |
| 8 | exception; providing a definition; providing for future |
| 9 | legislative review and repeal; providing a statement of |
| 10 | public necessity; providing a contingent effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 516.115, Florida Statutes, is created |
| 15 | to read: |
| 16 | 516.115 Public records exemption for investigation and |
| 17 | examination information.-- |
| 18 | (1) Except as otherwise provided by this section, |
| 19 | information held by the Office of Financial Regulation of the |
| 20 | Financial Services Commission pursuant to an investigation or |
| 21 | examination conducted under this chapter is confidential and |
| 22 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 23 | Constitution until the investigation or examination is completed |
| 24 | or ceases to be active. |
| 25 | (2) Such information shall remain confidential and exempt |
| 26 | from s. 119.07(1) and s. 24(a), Art. I of the State Constitution |
| 27 | after the office's investigation or examination is completed or |
| 28 | ceases to be active if the office submits the information to a |
| 29 | law enforcement agency, administrative agency, or regulatory |
| 30 | organization for further investigation or examination. Such |
| 31 | information shall remain confidential and exempt from s. |
| 32 | 119.07(1) and s. 24(a), Art. I of the State Constitution until |
| 33 | that agency's investigation or examination is completed or |
| 34 | ceases to be active. |
| 35 | (3) Such information shall remain confidential and exempt |
| 36 | from s. 119.07(1) and s. 24(a), Art. I of the State Constitution |
| 37 | after the office completes its investigation or examination or |
| 38 | the investigation or examination ceases to be active if |
| 39 | disclosure would: |
| 40 | (a) Jeopardize the integrity of another active |
| 41 | investigation or examination; |
| 42 | (b) Reveal the name, address, telephone number, social |
| 43 | security number, or any other identifying information of a |
| 44 | complainant, customer, or account holder; |
| 45 | (c) Reveal the identity of a confidential source; |
| 46 | (d) Reveal investigative techniques or procedures; or |
| 47 | (e) Reveal a trade secret as defined in s. 688.002. |
| 48 |
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| 49 | For purposes of this section, an investigation or examination is |
| 50 | active so long as the office or any law enforcement agency, |
| 51 | administrative agency, or regulatory organization is proceeding |
| 52 | with reasonable dispatch and has a reasonable good faith belief |
| 53 | that the investigation or examination may lead to the filing of |
| 54 | an administrative, civil, or criminal proceeding or to the |
| 55 | denial or conditional grant of a license, registration, or |
| 56 | permit. |
| 57 | (4) This section is subject to the Open Government Sunset |
| 58 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
| 59 | repealed on October 2, 2010, unless reviewed and saved from |
| 60 | repeal through reenactment by the Legislature. |
| 61 | Section 2. (1) The Legislature finds that it is a public |
| 62 | necessity that information held by the Office of Financial |
| 63 | Regulation of the Financial Services Commission pursuant to an |
| 64 | investigation or examination conducted under chapter 516, |
| 65 | Florida Statutes, be made confidential and exempt from s. |
| 66 | 119.07(1), Florida Statutes, and s. 24(a), Art. I of the State |
| 67 | Constitution until the investigation or examination is completed |
| 68 | or ceases to be active or, if the office submits the information |
| 69 | to any law enforcement agency, administrative agency, or |
| 70 | regulatory organization for further investigation, that agency's |
| 71 | or organization's investigation is completed or ceases to be |
| 72 | active. The Legislature further finds that it is a public |
| 73 | necessity that information which, if released, would jeopardize |
| 74 | the integrity of another active investigation or examination; |
| 75 | reveal the name, address, telephone number, social security |
| 76 | number, or any other identifying information of any complainant, |
| 77 | customer, or account holder; disclose the identity of a |
| 78 | confidential source; disclose investigative techniques or |
| 79 | procedures; or reveal a trade secret as defined in s. 688.002, |
| 80 | Florida Statutes, remain exempt and confidential once an |
| 81 | investigation or examination is completed or ceases to be |
| 82 | active. |
| 83 | (2) An investigation or examination conducted by the |
| 84 | office may lead to filing an administrative, civil, or criminal |
| 85 | proceeding or to denying or conditionally granting a license, |
| 86 | registration, or permit. The release of investigative or |
| 87 | examination information before the investigation or examination |
| 88 | is completed or ceases to be active could jeopardize the |
| 89 | integrity of such active investigation or examination or could |
| 90 | jeopardize the integrity of an active investigation or |
| 91 | examination conducted by a law enforcement agency, |
| 92 | administrative agency, or regulatory organization at the request |
| 93 | of the office. |
| 94 | (3) Investigations and examinations conducted by the |
| 95 | office frequently involve the gathering of personal, sensitive |
| 96 | information concerning complainants, customers, account holders, |
| 97 | and confidential sources. The office may not otherwise have this |
| 98 | identifying information, including the name, address, telephone |
| 99 | number, and social security number of such persons in its |
| 100 | possession but for the investigation or examination. Because of |
| 101 | the sensitive nature of the information gathered, the disclosure |
| 102 | of such information could cause unwarranted damage to such |
| 103 | persons by facilitating identity theft or by jeopardizing their |
| 104 | safety. |
| 105 | (4) Revealing investigative techniques or procedures may |
| 106 | inhibit the effective and efficient administration of the office |
| 107 | in conducting investigations or examinations. Revelation of such |
| 108 | techniques or procedures could allow a person to hide or conceal |
| 109 | violations of law that would have otherwise been discovered |
| 110 | during an investigation or examination. As such, the office's |
| 111 | ability to perform an effective and efficient investigation or |
| 112 | examination may be hindered. |
| 113 | (5) It is sometimes necessary for the office to review |
| 114 | trade secrets as part of an ongoing investigation or |
| 115 | examination. Public disclosure of trade secrets may cause injury |
| 116 | to the affected entity in the marketplace. The release of trade |
| 117 | secrets could create an unfair competitive advantage for persons |
| 118 | receiving such information, which would adversely impact the |
| 119 | business under investigation or examination. The public records |
| 120 | exemption for trade secrets will provide the office with the |
| 121 | necessary tools to perform its function while maintaining |
| 122 | adequate protection for the affected business. |
| 123 | Section 3. This act shall take effect October 1, 2005, if |
| 124 | HB 381 or substantially similar legislation is adopted in the |
| 125 | same legislative session or an extension thereof and becomes a |
| 126 | law. |