Senate Bill sb0698c2

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    Florida Senate - 2005                     CS for CS for SB 698

    By the Committees on Governmental Oversight and Productivity;
    Judiciary; and Senator Sebesta




    585-2202-05

  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 an exception; providing a

10         definition; providing for future legislative

11         review and repeal under the Open Government

12         Sunset Review Act; providing a statement of

13         public necessity; providing a contingent

14         effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 516.115, Florida Statutes, is

19  created to read:

20         516.115  Public records exemption for investigation and

21  examination information.--

22         (1)  Except as otherwise provided by this section,

23  information held by the Office of Financial Regulation of the

24  Financial Services Commission pursuant to an investigation or

25  examination conducted under this chapter is confidential and

26  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

27  Constitution until the investigation or examination is

28  completed or ceases to be active.

29         (2)  Such information shall remain confidential and

30  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

31  Constitution after the office's investigation or examination

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    Florida Senate - 2005                     CS for CS for SB 698
    585-2202-05




 1  is completed or ceases to be active if the office submits the

 2  information to a law enforcement agency, administrative

 3  agency, or regulatory organization for further investigation

 4  or examination. 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 that agency's investigation or examination

 7  is completed or ceases to be active.

 8         (3)  Such information shall remain confidential and

 9  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

10  Constitution after the office completes its investigation or

11  examination or after the investigation or examination ceases

12  to be active if disclosure would:

13         (a)  Jeopardize the integrity of another active

14  investigation or examination;

15         (b)  Reveal the name, address, telephone number, social

16  security number, or any other identifying information of a

17  complainant, customer, or account holder;

18         (c)  Reveal the identity of a confidential source;

19         (d)  Reveal investigative techniques or procedures; or

20         (e)  Reveal a trade secret as defined in s. 688.002.

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22  For purposes of this section, an investigation or examination

23  is active so long as the office or any law enforcement agency,

24  administrative agency, or regulatory organization is

25  proceeding with reasonable dispatch and has a reasonable good

26  faith belief that the investigation or examination may lead to

27  the filing of an administrative, civil, or criminal proceeding

28  or to the denial or conditional grant of a license,

29  registration, or permit.

30         (4)  This section is subject to the Open Government

31  Sunset Review Act of 1995 in accordance with s. 119.15, and

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    Florida Senate - 2005                     CS for CS for SB 698
    585-2202-05




 1  shall stand repealed on October 2, 2010, unless reviewed and

 2  saved from repeal through reenactment by the Legislature.

 3         Section 2.  (1)  The Legislature finds that it is a

 4  public necessity that information held by the Office of

 5  Financial Regulation of the Financial Services Commission

 6  pursuant to an investigation or examination conducted under

 7  chapter 516, Florida Statutes, be made confidential and exempt

 8  from section 119.07(1), Florida Statutes, and Section 24(a),

 9  Article I of the State Constitution until the investigation or

10  examination is completed or ceases to be active or, if the

11  office submits the information to any law enforcement agency,

12  administrative agency, or regulatory organization for further

13  investigation, until that agency's or organization's

14  investigation is completed or ceases to be active. The

15  Legislature further finds that it is a public necessity that

16  information that, if released, would jeopardize the integrity

17  of another active investigation or examination; reveal the

18  name, address, telephone number, social security number, or

19  any other identifying information of any complainant,

20  customer, or account holder; disclose the identity of a

21  confidential source; disclose investigative techniques or

22  procedures; or reveal a trade secret as defined in section

23  688.002, Florida Statutes, remain exempt and confidential once

24  an investigation or examination is completed or ceases to be

25  active.

26         (2)  An investigation or examination conducted by the

27  office may lead to filing an administrative, civil, or

28  criminal proceeding or to denying or conditionally granting a

29  license, registration, or permit. The release of investigative

30  or examination information before the investigation or

31  examination is completed or ceases to be active could

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    Florida Senate - 2005                     CS for CS for SB 698
    585-2202-05




 1  jeopardize the integrity of such active investigation or

 2  examination or could jeopardize the integrity of an active

 3  investigation or examination conducted by a law enforcement

 4  agency, administrative agency, or regulatory organization at

 5  the request of the office.

 6         (3)  Investigations and examinations conducted by the

 7  office frequently involve the gathering of personal, sensitive

 8  information concerning complainants, customers, account

 9  holders, and confidential sources. The office may not

10  otherwise have this identifying information, including the

11  name, address, telephone number, and social security number of

12  such persons, in its possession but for the investigation or

13  examination. Because of the sensitive nature of the

14  information gathered, the disclosure of such information could

15  cause unwarranted damage to such persons by facilitating

16  identity theft or by jeopardizing their safety.

17         (4)  Revealing investigative techniques or procedures

18  may inhibit the effective and efficient administration of the

19  office in conducting investigations or examinations.

20  Revelation of such techniques or procedures could allow a

21  person to hide or conceal violations of law which would have

22  otherwise been discovered during an investigation or

23  examination. As such, the office's ability to perform an

24  effective and efficient investigation or examination may be

25  hindered.

26         (5)  It is sometimes necessary for the office to review

27  trade secrets as part of an ongoing investigation or

28  examination. Public disclosure of trade secrets may cause

29  injury to the affected entity in the marketplace. The release

30  of trade secrets could create an unfair competitive advantage

31  for persons receiving such information, which would adversely

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    Florida Senate - 2005                     CS for CS for SB 698
    585-2202-05




 1  impact the business under investigation or examination. The

 2  public-records exemption for trade secrets will provide the

 3  office with the necessary tools to perform its function while

 4  maintaining adequate protection for the affected business.

 5         Section 3.  This act shall take effect October 1, 2005,

 6  if SB 304 or substantially similar legislation is adopted in

 7  the same legislative session or an extension thereof and

 8  becomes law.

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10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                            CS/SB 698

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13  Makes organizational changes to the exemption.

14  Removes reference to the "complaint" as it is part of the
    records of the investigation and protected.
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