Florida Senate - 2016                                    SB 1628
       
       
        
       By Senator Flores
       
       37-01824-16                                           20161628__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s. 516.48,
    3         F.S.; providing an exemption from public records
    4         requirements for certain personal identifying
    5         information and certain sensitive business information
    6         disclosed to the Office of Financial Regulation for
    7         the office’s use in preparing a specified report under
    8         the Increased Access to Responsible Small Dollar Loans
    9         Pilot Program; providing for future legislative review
   10         and repeal of the exemption; providing a statement of
   11         public necessity; providing a contingent effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 516.48, Florida Statutes, is created to
   17  read:
   18         516.48 Public records exemption.—Personal identifying
   19  information of a program loan applicant or borrower and
   20  sensitive business information of a program licensee disclosed
   21  to the office for its use in preparing the report required under
   22  s. 516.47 is confidential and exempt from s. 119.07(1) and s.
   23  24(a), Art. I of the State Constitution. This section is subject
   24  to the Open Government Sunset Review Act in accordance with s.
   25  119.15 and shall stand repealed on October 2, 2021, unless
   26  reviewed and saved from repeal through reenactment by the
   27  Legislature.
   28         Section 2. The Legislature finds that it is a public
   29  necessity to exempt from public records requirements personal
   30  identifying information of a program loan applicant or borrower
   31  and sensitive business information of a program licensee
   32  disclosed to the Office of Financial Regulation for the office’s
   33  use in preparing the report required under s. 516.47, Florida
   34  Statutes. Such information includes, but is not limited to, the
   35  credit history information, credit scores, and other personal
   36  financial information of program loan applicants and borrowers
   37  under the Increased Access to Responsible Small Dollar Loans
   38  Pilot Program and sensitive business information of program
   39  licensees, including the number of program loans made, the total
   40  amount loaned, and the distribution of loan lengths, interest
   41  rates, and principal amounts upon origination. The Legislature
   42  finds that credit history information, credit scores, and other
   43  personal financial information of applicants and borrowers are
   44  sensitive and personal in nature. Disclosure of such information
   45  and scores could cause harm to the person to whom the
   46  information applies, and such information could be defamatory
   47  and could cause unwarranted damage to the name or reputation of
   48  this person, especially if such information is inaccurate.
   49  Furthermore, public access to such information could jeopardize
   50  the financial safety of the person to whom the information
   51  applies by placing him or her at risk of becoming the object of
   52  identity theft. The Legislature further finds that the public
   53  release of a program licensee’s sensitive business information
   54  will discourage a program licensee from providing full and
   55  accurate disclosure of such information due to the potential for
   56  competitive disadvantage. The Legislature finds that such
   57  accurate information is necessary to evaluate the efficacy of
   58  the pilot program.
   59         Section 3. This act shall take effect on the same date that
   60  SB ____ or similar legislation takes effect, if such legislation
   61  is adopted in the same legislative session or an extension
   62  thereof and becomes a law.