Florida Senate - 2011                                    SB 1328
       
       
       
       By Senator Hays
       
       
       
       
       20-01223-11                                           20111328__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0712, F.S.; providing a public-records exemption
    4         for certain information provided to the Office of
    5         Financial Regulation on a confidential basis or
    6         developed as part of a multiagency investigation;
    7         providing for future repeal and legislative review of
    8         the exemption under the Open Government Sunset Review
    9         Act; providing a statement of public necessity;
   10         providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (3) is added to section 119.0712,
   15  Florida Statutes, to read:
   16         119.0712 Executive branch agency-specific exemptions from
   17  inspection or copying of public records.—
   18         (3) OFFICE OF FINANCIAL REGULATION.—
   19         (a) Information that is held by any state or federal
   20  regulatory, administrative, or criminal justice agency and that
   21  is made available to the Office of Financial Regulation on a
   22  confidential or similarly restricted basis, or that is developed
   23  as part of a joint or multiagency investigation or examination,
   24  is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   25  Constitution. The office may obtain and use such information in
   26  accordance with the conditions imposed by the providing agency
   27  or imposed as a condition of participating in an investigation
   28  or examination. This exemption applies to information held by
   29  the office on or after July 1, 2011.
   30         (b) This subsection is subject to the Open Government
   31  Sunset Review Act in accordance with s. 119.15, and shall stand
   32  repealed on October 2, 2016, unless reviewed and saved from
   33  repeal through reenactment by the Legislature.
   34         Section 2. The Legislature finds that it is a public
   35  necessity that certain information that is held by any state or
   36  federal regulatory, administrative, or criminal justice agency
   37  and that is made available to the Office of Financial Regulation
   38  on a confidential or similarly restricted basis, or that is
   39  developed as part of a joint or multiagency investigation or
   40  examination, be exempt from public-records requirements.
   41         (1) The exemption is necessary to facilitate the office’s
   42  access to information that could assist it in pursuing
   43  violations of the laws and regulations under its jurisdiction.
   44  Without this exemption, the office’s ability to access
   45  information held by the Financial Crimes Enforcement Network and
   46  other governmental agencies could be compromised.
   47         (2) The exemption is necessary to enable the office to
   48  participate in joint or multiagency investigations and
   49  examinations. Without the exemption, the office will be unable
   50  to participate in these activities, which impairs the ability of
   51  the office to leverage its limited resources. The ability to
   52  share information and coordinate examinations and investigations
   53  with other governmental agencies also benefit the regulated
   54  persons and entities. Without the sharing and coordination of
   55  information, governmental agencies may be required to conduct
   56  duplicative independent investigations or examinations in order
   57  to meet their regulatory responsibilities. With the exemption,
   58  that burden can be reduced or eliminated through joint,
   59  concurrent, or alternating examinations, or by off-site reviews
   60  of other governmental agency investigation or examination
   61  results.
   62         (3) Thus, the public-records exemption provided under this
   63  act is necessary to ensure the effective and efficient
   64  administration of the regulatory programs administered by the
   65  office, which would be significantly impaired by the absence of
   66  the exemption.
   67         Section 3. This act shall take effect July 1, 2011.