Florida Senate - 2012 SB 1584 By Senator Thrasher 8-01441A-12 20121584__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 560.312, F.S.; providing an exemption from public 4 records requirements for information contained in the 5 database of payment instrument transactions within the 6 Office of Financial Regulation into which payment 7 instrument transaction information submitted by money 8 services business licensees is maintained; providing 9 for specified access to such information; authorizing 10 the office to enter into information-sharing 11 agreements and provide access to information contained 12 in the database to certain governmental agencies; 13 requiring any department or agency that receives 14 confidential information to maintain the 15 confidentiality of the information, except as 16 otherwise required by court order; providing a penalty 17 for willful disclosure of confidential information; 18 providing for future review and repeal of the 19 exemption; providing a statement of public necessity; 20 providing a contingent effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 560.312, Florida Statutes, is created to 25 read: 26 560.312 Database of payment instrument transactions; 27 confidentiality.— 28 (1) Information contained in the database of payment 29 instrument transactions administered by the office pursuant to 30 s. 560.311 is confidential and exempt from s. 119.07(1) and s. 31 24(a), Art. I of the State Constitution. 32 (2)(a) A licensee may access information that it submits to 33 the office for inclusion in the database. 34 (b) The office, to the extent permitted by state and 35 federal law, may enter into information-sharing agreements with 36 the department, law enforcement agencies, and other governmental 37 agencies and, in accordance with such agreements, may provide 38 the department, law enforcement agencies, and other governmental 39 agencies with access to information contained in the database 40 for use in detecting and deterring financial crimes. Any 41 department or agency that receives confidential information from 42 the office under this paragraph must maintain the 43 confidentiality of the information, unless, and only to the 44 extent that, a court order compels production of this 45 information to a specific party or parties. 46 (3) Subsection (1) is subject to the Open Government Sunset 47 Review Act in accordance with s. 119.15 and shall stand repealed 48 on October 2, 2017, unless reviewed and saved from repeal 49 through reenactment by the Legislature. 50 Section 2. The Legislature finds that it is a public 51 necessity that information contained in the database of payment 52 instrument transactions administered by the Office of Financial 53 Regulation pursuant to s. 560.311, Florida Statutes, be held 54 confidential and exempt from s. 119.07(1), Florida Statutes, and 55 s. 24(a), Article I of the State Constitution. The electronic 56 database provides for the maintenance of payment instrument 57 transaction information that, pursuant to s. 560.311, Florida 58 Statutes, money services business licensees are required to 59 submit to the office and is intended to assist the office, the 60 Department of Financial Services, law enforcement agencies, and 61 other governmental agencies in detecting and deterring financial 62 crimes. Licensees that cash a payment instrument exceeding a 63 specified amount, a corporate payment instrument, or a third 64 party payment instrument must submit information about the 65 transaction to the office for inclusion in the database. 66 Information submitted includes personal identifying information 67 of licensees, sensitive financial information, and other 68 sensitive information such as insurance policy numbers and 69 workers’ compensation information that, if not held exempt from 70 public disclosure, could be used to the detriment or 71 disadvantage of a licensee. 72 Section 3. This act shall take effect on the same date that 73 SB ___ or similar legislation takes effect, if such legislation 74 is adopted in the same legislative session or an extension 75 thereof and becomes a law.