Senate Bill sb0698
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Florida Senate - 2005 SB 698
By Senator Sebesta
16-263A-05
1 A bill to be entitled
2 An act relating to public records; creating s.
3 516.115, F.S.; creating an exemption from
4 public records requirements for information
5 obtained by the Office of Financial Regulation
6 of the Financial Services Commission in
7 connection with active investigations and
8 examinations under the Florida Consumer Finance
9 Act; providing for future legislative review
10 and repeal; providing a statement of public
11 necessity; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 516.115, Florida Statutes, is
16 created to read:
17 516.115 Public records exemption for investigation and
18 examination information.--
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 under this chapter, including
23 any consumer complaint, is exempt and confidential from s.
24 119.07(1) and s. 24(a), Art. I of the State Constitution until
25 the investigation or examination is completed or ceases to be
26 active.
27 (2) The office may provide such exempt and
28 confidential information to a law enforcement agency,
29 administrative agency, or regulatory organization in the
30 furtherance of its duties and responsibilities. The law
31 enforcement agency, administrative agency, or regulatory
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Florida Senate - 2005 SB 698
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1 organization must maintain the exempt and confidential status
2 of the information so long as it would otherwise be
3 confidential and exempt from public disclosure.
4 (3) Such information shall remain exempt and
5 confidential from s. 119.07(1) and s. 24(a), Art. I of the
6 State 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.
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19 For purposes of this section, an investigation or examination
20 is active so long as the office or any law enforcement or
21 administrative agency or regulatory organization is proceeding
22 with reasonable dispatch and has a reasonable good faith
23 belief that the investigation or examination may lead to the
24 filing of an administrative, civil, or criminal proceeding or
25 to the denial or conditional grant of a license, registration,
26 or permit.
27 (4) If the office receives a request for information
28 that is exempt and confidential under subsection (3), the
29 office shall communicate to the person or entity requesting
30 the information the reason disclosure is prohibited under
31 subsection (3).
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Florida Senate - 2005 SB 698
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1 (5) This section is subject to the Open Government
2 Sunset Review Act of 1995 in accordance with s. 119.15, and
3 shall stand repealed on October 2, 2010, unless reviewed and
4 saved from repeal through reenactment by the Legislature.
5 Section 2. (1) The Legislature finds that it is a
6 public necessity that information received or created during
7 an investigation or examination conducted by the Office of
8 Financial Regulation of the Financial Services Commission
9 pursuant to chapter 516, Florida Statutes, including any
10 consumer complaint, be confidential and exempt from section
11 119.07(1), Florida Statutes, and Section 24(a) of Article I of
12 the State Constitution until the investigation or examination
13 is completed or ceases to be active or, if the office submits
14 the information to any law enforcement or administrative
15 agency or regulatory organization for further investigation,
16 that agency's or organization's investigation is completed or
17 ceases to be active, in order to protect the integrity of such
18 investigations or examinations. An investigation or
19 examination may lead to filing an administrative, civil, or
20 criminal proceeding or to denying or conditionally granting a
21 license, registration, or permit. The public necessity exists
22 to the extent that disclosure might jeopardize the integrity
23 of another active investigation or examination; reveal the
24 name, address, telephone number, social security number, or
25 any other identifying information of any complainant,
26 customer, or account holder; disclose the identity of a
27 confidential source; disclose investigative techniques or
28 procedures; reveal a trade secret as defined in section
29 688.002, Florida Statutes; or reveal proprietary business
30 information.
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1 (2) Examinations and investigations by the office
2 frequently involve the gathering of personal, sensitive
3 information concerning individuals, such as complainants,
4 customers, account holders, or other confidential sources. The
5 office may not otherwise have this information in its
6 possession but for the examination or investigation. Because
7 of the sensitive nature of the information gathered, the
8 information should not be made available to the public. If
9 disclosed, this information may cause unwarranted damage to
10 such persons by facilitating identity theft or jeopardizing
11 the safety of such individuals.
12 (3) Revealing investigative techniques or procedures
13 may inhibit the effective and efficient administration of the
14 office in conducting investigations. Revelation of such
15 techniques or procedures could allow a person to hide or
16 conceal violations of law that would have otherwise been
17 discovered during an examination or investigation. As such,
18 the office's ability to perform an effective investigation or
19 examination may be hindered.
20 (4) Proprietary information or trade secrets are on
21 occasion necessary for the office to review as part of an
22 ongoing examination or investigation. Disclosure of such
23 information to the public may cause injury to the affected
24 entity in the marketplace if revealed. Providing
25 confidentiality will provide the office with the necessary
26 tools to perform its function while maintaining adequate
27 protection for the affected business.
28 Section 3. This act shall take effect July 1, 2005.
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2 SENATE SUMMARY
3 Creates an exemption from public records requirements for
information obtained by the Office of Financial
4 Regulation of the Financial Services Commission in
connection with active investigations and examinations
5 under the Florida Consumer Finance Act. Provides for
future legislative review and repeal of the exemption.
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