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 This section is subject 24 to the Open Government Sunset Review Act in accordance with s. 25 119.15 and shall stand repealed on October 2, 2021, unless 26 reviewed and saved from repeal through reenactment by the 27 Legislature. 28 Section 2.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.