Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1094
       
       
       
       
       
       
                                Ì909112uÎ909112                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  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) “Internal corporate information or documents” means the
   10  articles of organization, bylaws, or other organizational
   11  documents of the entity or organization applying for the
   12  moratorium pursuant to s. 663.041 or of the international trust
   13  entity that are not publicly disclosed or are confidential under
   14  the laws of the home country jurisdiction where the
   15  international trust entity is organized or doing business.
   16         (b)“International trust entity” has the same definition as
   17  in s. 663.01(8).
   18         (c) “Working papers” means the records of the procedure
   19  followed, the tests performed, the information obtained, and the
   20  conclusions reached in processing an application under s.
   21  663.041.
   22         (2) PUBLIC RECORDS EXEMPTION.—The following information
   23  held by the office is confidential and exempt from s. 119.07(1)
   24  and s. 24(a), Art. I of the State Constitution:
   25         (a)All internal corporate documents of an organization or
   26  entity applying for a moratorium under s. 663.041 or of an
   27  international trust entity submitted pursuant to s. 663.041;
   28         (b) The names of the officers, directors, and shareholders
   29  of an international trust entity, if such names are otherwise
   30  confidential under the laws of the home country jurisdiction of
   31  the international trust entity;
   32         (c) Documentation provided to or from the supervisory or
   33  regulatory authority or equivalent, or other similarly
   34  sanctioned body, organization, governmental entity, or
   35  recognized authority that has licensing, chartering, oversight,
   36  or similar responsibilities over the international trust entity;
   37         (d) Information received by the office from a person from
   38  another state or nation or the Federal Government which is
   39  otherwise confidential or exempt pursuant to the laws of that
   40  state or nation or pursuant to federal law; and
   41         (e) The work papers of the office in processing the
   42  application under s. 663.041.
   43         (3) AUTHORIZED RELEASE OF CONFIDENTIAL AND EXEMPT
   44  INFORMATION.—Information made confidential and exempt under
   45  subsection (2) may be disclosed by the office:
   46         (a) To the authorized representative or representatives of
   47  the organization or entity applying for a moratorium under s.
   48  663.041. For that entity’s confidential and exempt information
   49  that has been submitted to the office, the authorized
   50  representative or representatives of that entity shall be
   51  identified in a resolution or by written consent of the board of
   52  directors if the organization or entity is a corporation, or of
   53  the managers if the organization or entity is a limited
   54  liability company.
   55         (b) To a fidelity insurance company or liability insurer,
   56  upon written consent of the organization or entity’s board of
   57  directors if a corporation, or of its managers if a limited
   58  liability company.
   59         (c) To an independent auditor.
   60         (d) To a liquidator, receiver, or conservator for the
   61  organization or entity if a liquidator, receiver, or conservator
   62  is appointed.
   63         (e) To another governmental entity in the furtherance of
   64  that entity’s official duties and responsibilities.
   65         (f) Pursuant to a legislative subpoena. A legislative body
   66  or committee that receives records or information pursuant to a
   67  subpoena must maintain the confidential status of such records
   68  or information, except in a case involving the investigation of
   69  charges against a public official subject to impeachment or
   70  removal, in which case records or information may be disclosed
   71  only to the extent necessary as determined by the legislative
   72  body or committee.
   73         (g) Pursuant to federal law.
   74         (4) PUBLICATION OF INFORMATION.—Notwithstanding any
   75  provision to the contrary, this section does not make
   76  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   77  of the State Constitution:
   78         (a) The name of the organization or entity applying for the
   79  moratorium under s. 663.041 or of any international trust entity
   80  for which it provides services.
   81         (b) The name and business address of the directors,
   82  managers, officers, or registered agent of the organization or
   83  entity applying for moratorium under s. 663.041.
   84         (5) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
   85  to the Open Government Sunset Review Act in accordance with s.
   86  119.15 and shall stand repealed on October 2, 2021, unless
   87  reviewed and saved from repeal through reenactment by the
   88  Legislature.
   89         Section 2. (1) The Legislature finds that it is a public
   90  necessity that the following information in records held by the
   91  Office of Financial Regulation be confidential and exempt from
   92  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   93  State Constitution: All internal corporate documents of an
   94  organization or entity applying for a moratorium under s.
   95  663.041 or of an international trust entity submitted pursuant
   96  to s. 663.041; the names of the officers, directors, and
   97  shareholders of an international trust entity if such names are
   98  otherwise confidential under the laws of the home country
   99  jurisdiction of the international trust entity; documentation
  100  provided to or from the supervisory or regulatory authority or
  101  equivalent, or other similarly sanctioned body, organization,
  102  governmental entity, or recognized authority that has licensing,
  103  chartering, oversight, or similar responsibilities over the
  104  international trust entity; information received by the office
  105  from a person from another state or nation or the Federal
  106  Government which is otherwise confidential or exempt pursuant to
  107  the laws of that state or nation or pursuant to federal law; and
  108  the work papers of the office in processing the application
  109  under s. 663.041.
  110         (2)The Office of Financial Regulation is required to
  111  obtain the names of the officers and directors of an
  112  international trust entity and to determine whether the
  113  organization or entity has met the requirements for the
  114  moratorium, including proof of the corporate standing of the
  115  international trust entity and that it is not operating under
  116  the direct control of the government, regulatory, or supervisory
  117  authority of the jurisdiction of its incorporation. In certain
  118  cases, such proof may require submission to the office of
  119  internal corporate documents or shareholder lists that are not
  120  otherwise available to the public and that are considered
  121  confidential under the laws of the home country jurisdiction.
  122  Likewise, in certain jurisdictions, the names of the officers
  123  and directors are confidential under the laws of that
  124  jurisdiction. The office also may receive documentation provided
  125  to or from the supervisory or regulatory authority or
  126  equivalent, or other similarly sanctioned body, organization,
  127  governmental entity, or recognized authority that has licensing,
  128  chartering, oversight, or similar responsibilities over the
  129  international trust entity. To the extent that the home country
  130  laws of the jurisdiction in which the international trust entity
  131  is located or organized considers this information and these
  132  documents confidential, they should not lose their confidential
  133  status solely because the office reviews them in processing the
  134  application for the moratorium. The exemption does not apply if
  135  the home country jurisdiction of the international trust entity
  136  does not consider such information or documents confidential.
  137         Section 3. This act shall take effect on the same date that
  138  SB 1106 or similar legislation takes effect, if such legislation
  139  is adopted in the same legislative session or an extension
  140  thereof and becomes a law.
  141  
  142  ================= T I T L E  A M E N D M E N T ================
  143  And the title is amended as follows:
  144         Delete everything before the enacting clause
  145  and insert:
  146                        A bill to be entitled                      
  147         An act relating to public records; creating s.
  148         663.097, F.S.; defining terms; providing an exemption
  149         from public records requirements for certain
  150         information held by the Office of Financial Regulation
  151         relating to international trust entities; authorizing
  152         the release of certain confidential and exempt
  153         information by the office; authorizing the publication
  154         of certain information; providing for future
  155         legislative review and repeal of the exemption;
  156         providing a statement of public necessity; providing a
  157         contingent effective date.