HB 7115

1	A bill to be entitled
2	An act relating to public records; amending s. 494.00125,
3	F.S.; providing a public records exemption for information
4	obtained by the Office of Financial Regulation from the
5	Nationwide Mortgage Licensing System and Registry which is
6	confidential under federal or other state law; providing
7	an exemption for credit reports obtained by the office for
8	licensing purposes; providing for future legislative
9	review and repeal of the exemption under the Open
10	Government Sunset Review Act; repealing s. 494.0021, F.S.,
11	relating to financial statements, to conform to changes
12	made by the act; providing a statement of public
13	necessity; providing a contingent effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 494.00125, Florida Statutes, is amended
18	to read:
19	494.00125  Confidentiality of public records held by the
20	office information relating to investigations and
21	examinations.--
22	(1)  INVESTIGATIONS OR EXAMINATIONS.--
23	(a)  Except as otherwise provided by this subsection
24	section, information relative to an investigation or examination
25	by the office pursuant to this chapter, including any consumer
26	complaint received by the office or the Department of Financial
27	Services, is confidential and exempt from s. 119.07(1) until the
28	investigation or examination is completed or ceases to be
29	active. However, the information compiled by the office in such
30	an investigation or examination shall remain confidential and
31	exempt from s. 119.07(1) after the office's investigation or
32	examination is completed or ceases to be active if the office
33	submits the information to any law enforcement or administrative
34	agency for further investigation. Such information shall remain
35	confidential and exempt from s. 119.07(1) until that agency's
36	investigation is completed or ceases to be active. For purposes
37	of this subsection section, an investigation or examination is
38	shall be considered "active" if so long as the office or any law
39	enforcement or administrative agency is proceeding with
40	reasonable dispatch and has a reasonable good faith belief that
41	the investigation or examination may lead to the filing of an
42	administrative, civil, or criminal proceeding or to the denial
43	or conditional grant of a license. This subsection does section
44	shall not be construed to prohibit the disclosure of information
45	that which is required by law to be filed with the office and
46	which, but for the investigation or examination, would be
47	subject to s. 119.07(1).
48	(b)  Except as necessary for the office to enforce the
49	provisions of this chapter, a consumer complaint and other
50	information relative to an investigation or examination remains
51	shall remain confidential and exempt from s. 119.07(1) after the
52	investigation or examination is completed or ceases to be active
53	to the extent disclosure would:
54	1.  Jeopardize the integrity of another active
55	investigation or examination.
56	2.  Reveal the name, address, telephone number, social
57	security number, or any other identifying number or information
58	of any complainant, customer, or account holder.
59	3.  Disclose the identity of a confidential source.
60	4.  Disclose investigative techniques or procedures.
61	5.  Reveal a trade secret as defined in s. 688.002.
62	(c)  If In the event that office personnel are or have been
63	involved in an investigation or examination of such nature as to
64	endanger their lives or physical safety or that of their
65	families, then the home addresses, telephone numbers, places of
66	employment, and photographs of such personnel, together with the
67	home addresses, telephone numbers, photographs, and places of
68	employment of spouses and children of such personnel and the
69	names and locations of schools and day care facilities attended
70	by the children of such personnel are confidential and exempt
71	from s. 119.07(1).
72	(d)  Nothing in This subsection does not section shall be
73	construed to prohibit the office from providing information to
74	any law enforcement or administrative agency. Any law
75	enforcement or administrative agency receiving confidential
76	information in connection with its official duties shall
77	maintain the confidentiality of the information if so long as it
78	would otherwise be confidential.
79	(e)  All information obtained by the office from any person
80	which is only made available to the office on a confidential or
81	similarly restricted basis shall be confidential and exempt from
82	s. 119.07(1). This exemption does not shall not be construed to
83	prohibit disclosure of information which is required by law to
84	be filed with the office or which is otherwise subject to s.
85	119.07(1).
86	(f)(2)  If information subject to this subsection (1) is
87	offered in evidence in any administrative, civil, or criminal
88	proceeding, the presiding officer may, in her or his discretion,
89	prevent the disclosure of information that which would be
90	confidential pursuant to paragraph (1)(b).
91	(g)(3)  A privilege against civil liability is granted to a
92	person who furnishes information or evidence to the office,
93	unless such person acts in bad faith or with malice in providing
94	such information or evidence.
95	(2)  FINANCIAL STATEMENTS.--All financial audit reports
96	submitted pursuant to ss. 494.001-494.0077 are confidential and
97	exempt from the requirements of s. 119.07(1), except that office
98	employees may have access to information in the administration
99	and enforcement of ss. 494.001-494.0077 which may be used by the
100	office for the prosecution of violations under ss. 494.001-
101	494.0077.
102	(3)  REGISTRY.--
103	(a)  The following materials are confidential and exempt
104	from s. 119.07(1) and s. 24(a), Art. I of the State
105	Constitution:
106	1.  Information and material that have been placed in the
107	registry pursuant to the requirements of other state or federal
108	laws and not the requirements of this chapter.
109	a.  The information and material may, however, be shared by
110	the office with any state or federal entity having oversight,
111	regulatory, or law enforcement authority without the loss of
112	privilege or confidentiality protections provided by federal and
113	state laws.
114	b.  This subparagraph does not apply to information or
115	material relating to the employment history of, and publicly
116	adjudicated disciplinary and enforcement actions against, loan
117	originators which is included in the registry for access by the
118	public.
119	2.  Credit reports obtained by the office for licensing
120	purposes.
121	(b)  This subsection is subject to the Open Government
122	Sunset Review Act in accordance with s. 119.15 and shall stand
123	repealed on October 2, 2014, unless reviewed and saved from
124	repeal through reenactment by the Legislature.
125	Section 2.  Section 494.0021, Florida Statutes, is
126	repealed.
127	Section 3.  (1)  The Legislature finds that it is a public
128	necessity that information contained in the registry which has
129	been submitted pursuant to other state or federal laws be made
130	confidential and exempt from public records requirements. This
131	exemption is necessary to ensure compliance with the
132	confidentiality requirements of the S.A.F.E. Mortgage Licensing
133	Act of 2008 and to ensure that other state or federal laws
134	governing confidentiality are not compromised.
135	(2)  The Legislature finds that it is a public necessity
136	that credit reports obtained pursuant to the licensing
137	provisions of this chapter be made confidential and exempt from
138	public records requirements. Credit reports contain personal,
139	financial, and identifying information. Disclosure of these
140	reports could cause harm to the persons who are the subjects of
141	the credit reports by facilitating identity theft and other
142	crimes.
143	Section 4.  This act shall take effect on the same date
144	that HB 7099 or similar legislation takes effect, if such
145	legislation is enacted in the same legislative session or an
146	extension thereof and becomes law.

CODING: Words stricken are deletions; words underlined are additions.