Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 698
                        Barcode 112530
                            CHAMBER ACTION
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11  The Committee on Banking and Insurance (Posey) recommended the
12  following amendment:
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14         Senate Amendment 
15         On page 3, line 5, through
16            page 4, line 27, delete those lines
17  
18  and insert:  
19         Section 2.  (1)  The Legislature finds that it is a
20  public necessity that information held by the Office of
21  Financial Regulation of the Financial Services Commission
22  pursuant to an investigation or examination conducted under
23  chapter 516, Florida Statutes, be made confidential and exempt
24  from section 119.07(1), Florida Statutes, and Section 24(a),
25  Article I of the State Constitution until the investigation or
26  examination is completed or ceases to be active or, if the
27  office submits the information to any law enforcement agency,
28  administrative agency, or regulatory organization for further
29  investigation, until that agency's or organization's
30  investigation is completed or ceases to be active. The
31  Legislature further finds that it is a public necessity that
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    3:41 PM   03/07/05                             s0698b-bi24-c3t

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 698 Barcode 112530 1 information that, if released, would jeopardize the integrity 2 of another active investigation or examination; reveal the 3 name, address, telephone number, social security number, or 4 any other identifying information concerning any complainant, 5 customer, or account holder; disclose the identity of a 6 confidential source; disclose investigative techniques or 7 procedures; or reveal a trade secret as defined in section 8 688.002, Florida Statutes, remain exempt and confidential once 9 an investigation or examination is completed or ceases to be 10 active. 11 (2) An investigation or examination conducted by the 12 office may lead to the filing of an administrative, civil, or 13 criminal proceeding or to the denial or conditionally granting 14 of a license, registration, or permit. The release of 15 investigative or examination information before the 16 investigation or examination is completed or ceases to be 17 active could jeopardize the integrity of such active 18 investigation or examination or could jeopardize the integrity 19 of an active investigation or examination conducted by a law 20 enforcement agency, administrative agency, or regulatory 21 organization at the request of the office. 22 (3) Investigations and examinations conducted by the 23 office frequently involve the gathering of personal, sensitive 24 information concerning complainants, customers, account 25 holders, and confidential sources. The office may not 26 otherwise have this identifying information, including the 27 name, address, telephone number, and social security number of 28 such persons, in its possession but for the investigation or 29 examination. Because of the sensitive nature of the 30 information gathered, the disclosure of such information could 31 cause unwarranted damage to such persons by facilitating 2 3:41 PM 03/07/05 s0698b-bi24-c3t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 698 Barcode 112530 1 identity theft or by jeopardizing their safety. 2 (4) Revealing investigative techniques or procedures 3 may inhibit the effective and efficient administration of the 4 office in conducting investigations or examinations. 5 Revelation of such techniques or procedures could allow a 6 person to hide or conceal violations of law that would 7 otherwise have been discovered during an investigation or 8 examination. Thus the office's ability to perform an effective 9 and efficient investigation or examination could be hindered. 10 (5) It is sometimes necessary for the office to review 11 trade secrets as part of an ongoing investigation or 12 examination. Public disclosure of trade secrets may cause 13 injury to the affected entity in the marketplace. The release 14 of trade secrets could create an unfair competitive advantage 15 for persons receiving such information, which would adversely 16 affect the business under investigation or examination. The 17 public-records exemption for trade secrets will provide the 18 office with the necessary tools to perform its function while 19 maintaining adequate confidentiality of sensitive information. 20 21 22 23 24 25 26 27 28 29 30 31 3 3:41 PM 03/07/05 s0698b-bi24-c3t