Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1094
       
       
       
       
       
       
                                Ì187568]Î187568                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/16/2016           .                                
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       The Committee on Governmental Oversight and Accountability
       (Ring) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 663.097, Florida Statutes, is created to
    6  read:
    7         663.097 Public records exemption.—
    8         (1) DEFINITIONS.—As used in this section, the term:
    9         (a) “Reports or investigations” means records submitted to
   10  or prepared by the office as part of the office’s duties
   11  performed pursuant to s. 663.045, s. 663.046, or s. 663.09.
   12         (b) “Working papers” means the records of the procedure
   13  followed, the tests performed, the information obtained, and the
   14  conclusions reached in an investigation under s. 663.045, s.
   15  663.046, or s. 663.09. The term also includes books and records.
   16         (2) PUBLIC RECORDS EXEMPTION.—The following information
   17  held by the office is confidential and exempt from s. 119.07(1)
   18  and s. 24(a), Art. I of the State Constitution:
   19         (a)All records and information appearing in reports or
   20  investigations, records, or working papers of a limited purpose
   21  international trust company representative office, until such
   22  investigation is completed or ceases to be active. For purposes
   23  of this paragraph, an investigation is considered active while
   24  such investigation is being conducted by the office with a
   25  reasonable and good faith belief that it may lead to the
   26  initiation of administrative or criminal proceedings. An
   27  investigation does not cease to be active if the office is
   28  proceeding with reasonable dispatch and there is a good faith
   29  belief that action may be initiated by the office or other
   30  administrative or law enforcement agency. After an investigation
   31  is completed or ceases to be active, portions of the records,
   32  reports, or investigation, including working papers, are
   33  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   34  of the State Constitution to the extent that disclosure would:
   35         1. Jeopardize the integrity of another active
   36  investigation;
   37         2. Reveal personal financial information;
   38         3. Reveal the identity of a confidential source;
   39         4. Defame or cause unwarranted damage to the good name or
   40  reputation of an individual or jeopardize the safety of an
   41  individual; or
   42         5. Reveal investigative techniques or procedures.
   43         (b) Any personal identifying information of the clients of
   44  a limited purpose international trust company representative
   45  office.
   46         (c) Information received by the office from a person from
   47  another state or nation or the Federal Government which is
   48  otherwise confidential or exempt pursuant to the laws of that
   49  state or nation or pursuant to federal law.
   50         (3) AUTHORIZED RELEASE OF CONFIDENTIAL AND EXEMPT
   51  INFORMATION.—Information made confidential and exempt under
   52  subsection (2) may be disclosed by the office:
   53         (a) To the authorized representative or representatives of
   54  the limited purpose international trust company representative
   55  office that is the subject of a report or investigation. The
   56  authorized representative or representatives shall be identified
   57  in a resolution or by written consent of the board of directors
   58  if the limited purpose international trust company
   59  representative office is a corporation, or of the managers if
   60  the limited purpose international trust company representative
   61  office is a limited liability company.
   62         (b) To a fidelity insurance company or liability insurer,
   63  upon written consent of the limited purpose international trust
   64  company representative office’s board of directors if a
   65  corporation, or of its managers if a limited liability company.
   66         (c) To an independent auditor.
   67         (d) To a liquidator, receiver, or conservator for a limited
   68  purpose international trust company representative office if a
   69  liquidator, receiver, or conservator is appointed.
   70         (e) To another governmental entity in the furtherance of
   71  that entity’s official duties and responsibilities.
   72         (f) Pursuant to a legislative subpoena. A legislative body
   73  or committee that receives records or information pursuant to a
   74  subpoena must maintain the confidential status of such records
   75  or information, except in a case involving the investigation of
   76  charges against a public official subject to impeachment or
   77  removal, in which case records or information may be disclosed
   78  only to the extent necessary as determined by the legislative
   79  body or committee.
   80         (g) Pursuant to federal law.
   81         (4) PUBLICATION OF INFORMATION.—Notwithstanding any
   82  provision to the contrary, this section does not make
   83  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   84  of the State Constitution:
   85         (a) The name of the limited purpose international trust
   86  company representative office or any affiliated international
   87  trust company.
   88         (b) The name and business address of the directors,
   89  managers, officers, or registered agent of the limited purpose
   90  international trust company representative office or any
   91  affiliated international trust company.
   92         (c)Personal identifying information that is already in the
   93  public domain about the directors, officers, managers, or
   94  persons who own or control, directly or indirectly, more than 25
   95  percent of the voting stock or nonvoting stock that is
   96  convertible to voting stock of the limited purpose international
   97  trust company representative office.
   98         (5) PENALTY.—A person who willfully discloses information
   99  made confidential and exempt by this section commits a felony of
  100  the third degree, punishable as provided in s. 775.082, s.
  101  775.083, or s. 775.084.
  102         (6) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
  103  to the Open Government Sunset Review Act in accordance with s.
  104  119.15 and shall stand repealed on October 2, 2021, unless
  105  reviewed and saved from repeal through reenactment by the
  106  Legislature.
  107         Section 2. (1) The Legislature finds that it is a public
  108  necessity that the following information in records related to a
  109  limited purpose internal trust company representative office
  110  held by the Office of Financial Regulation be confidential and
  111  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  112  Article I of the State Constitution: records and information in
  113  reports or investigations, records, or working papers, by the
  114  Office of Financial Regulation of a limited purpose
  115  international trust company representative office; personal
  116  identifying information of the clients of a limited purpose
  117  international trust company representative office; and
  118  information received by the Office of Financial Regulation from
  119  a person from another state or country or the Federal Government
  120  which is otherwise confidential or exempt pursuant to the laws
  121  of that state or country or pursuant to federal law.
  122         (2)The Office of Financial Regulation’s regulatory
  123  authority over registered limited purpose international trust
  124  company representative offices requires the Office of Financial
  125  Regulation to investigate information submitted to determine
  126  whether the applicant has met the requirements for registration
  127  or renewal, including information about the directors, officers,
  128  and certain employees of an international trust company
  129  representative office. Such an investigation may include
  130  information about suspected criminal acts or of pending criminal
  131  or administrative proceedings against such officers or
  132  employees. Public disclosure of suspected criminal acts or of
  133  pending and nonfinal criminal or administrative proceedings may
  134  impede related investigations if publicly known. Such
  135  information, if released before an adjudication, may defame an
  136  individual or an international trust company representative
  137  office that is the subject of the investigation or proceeding.
  138  Unsubstantiated information received by the Office of Financial
  139  Regulation for the purposes of conducting background
  140  investigations also may defame or cause unwarranted damage to
  141  the good name or reputation of an individual. It is the intent
  142  of the Legislature to grant such entities more protection from
  143  public disclosure than is currently provided under ss. 655.057
  144  and 655.059, Florida Statutes.
  145         (3)Personal identifying information of the clients of
  146  limited purpose international trust company representative
  147  offices, if available for public access, could jeopardize the
  148  personal and financial safety of the clients and their family
  149  members. Clients of limited purpose international trust company
  150  representative offices have a high net worth and are frequently
  151  the targets of criminal predators seeking access to their
  152  assets. It is important that the exposure of such clients and
  153  their family members to threats of extortion, kidnapping, and
  154  other crimes not be increased. Placing a client’s personal
  155  identifying information into the public domain would increase
  156  the risk that a client and his or her family would become the
  157  target of criminal activity. This is especially important
  158  because many of the clients of international trust company
  159  representative offices reside in or frequently travel to
  160  countries where kidnapping and extortion are significant risks
  161  and where public corruption impedes the rule of law.
  162         (4) The Legislature further finds that it is a public
  163  necessity to exempt from public records requirements information
  164  received by the Office of Financial Regulation from a person
  165  from another state or nation or the Federal Government which is
  166  otherwise confidential or exempt pursuant to the laws of that
  167  state or nation or pursuant to federal law. The Legislature
  168  finds that maintaining the confidentiality of the information
  169  shared with the office by those persons is necessary to protect
  170  the sensitive nature of the information and to facilitate the
  171  sharing of such information for the office’s effective and
  172  efficient performance of its duties.
  173         Section 3. This act shall take effect on the same date that
  174  SB 1106 or similar legislation takes effect, if such legislation
  175  is adopted in the same legislative session or an extension
  176  thereof and becomes a law.
  177  
  178  ================= T I T L E  A M E N D M E N T ================
  179  And the title is amended as follows:
  180         Delete everything before the enacting clause
  181  and insert:
  182                        A bill to be entitled                      
  183         An act relating to public records; creating s.
  184         663.097, F.S.; defining terms; providing an exemption
  185         from public records requirements for certain
  186         information held by the Office of Financial Regulation
  187         relating to a limited purpose international trust
  188         company representative office; authorizing the release
  189         of certain confidential and exempt information by the
  190         office; authorizing the publication of certain
  191         information; providing a criminal penalty for willful
  192         disclosure; providing for future legislative review
  193         and repeal of the exemption; providing a statement of
  194         public necessity; providing a contingent effective
  195         date.