Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. CS for SB 1094 Ì187568]Î187568 LEGISLATIVE ACTION Senate . House Comm: WD . 02/16/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.