Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. CS for SB 1094 Ì909112uÎ909112 LEGISLATIVE ACTION Senate . House Comm: RCS . 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) “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.