Florida Senate - 2019                   (PROPOSED BILL) SPB 7050
       FOR CONSIDERATION By the Committee on Banking and Insurance
       597-00886-19                                          20197050pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 559.5558, F.S., which
    4         provides an exemption from public records requirements
    5         for information collected in connection with
    6         investigations and examinations by the Office of
    7         Financial Regulation of the Financial Services
    8         Commission; removing the scheduled repeal of the
    9         exemption; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Section 559.5558, Florida Statutes, is amended
   14  to read:
   15         559.5558 Public records exemption; investigations and
   16  examinations.—
   17         (1) As used in this section, the term “personal financial
   18  and health information” means:
   19         (a) Information relating to the existence, nature, source,
   20  or amount of a consumer’s personal income, expenses, and debt;
   21         (b) Information relating to a consumer’s financial
   22  transactions of any kind;
   23         (c) Information relating to the existence, identification,
   24  nature, or value of a consumer’s assets, liabilities, or net
   25  worth;
   26         (d) A consumer’s personal health condition, disease, or
   27  injury; or
   28         (e) A history of a consumer’s personal medical diagnosis or
   29  treatment.
   30         (2)(a) Except as otherwise provided by this section,
   31  information held by the office pursuant to an investigation or
   32  examination of a violation of this part is confidential and
   33  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   34  Constitution. However, information made confidential and exempt
   35  pursuant to this section may be disclosed by the office to a law
   36  enforcement agency or another administrative agency in the
   37  performance of its official duties and responsibilities.
   38         (b) Information made confidential and exempt pursuant to
   39  this section is no longer confidential and exempt once the
   40  investigation or examination is completed or ceases to be active
   41  unless disclosure of the information would:
   42         1. Jeopardize the integrity of another active investigation
   43  or examination.
   44         2. Reveal the personal identifying information of a
   45  consumer, unless the consumer is also the complainant. A
   46  complainant’s personal identifying information is subject to
   47  disclosure after the investigation or examination is completed
   48  or ceases to be active. However, a complainant’s personal
   49  financial and health information remains confidential and
   50  exempt.
   51         3. Reveal the identity of a confidential source.
   52         4. Reveal investigative or examination techniques or
   53  procedures.
   54         5. Reveal trade secrets, as defined in s. 688.002.
   55         (c) For purposes of this subsection, an investigation or
   56  examination is considered active if the investigation or
   57  examination is proceeding with reasonable dispatch and the
   58  office has a reasonable good faith belief that the investigation
   59  or examination may lead to the filing of an administrative,
   60  civil, or criminal proceeding or to the denial or conditional
   61  grant of an application for registration or other approval
   62  required under this part.
   63         (3) This section is subject to the Open Government Sunset
   64  Review Act in accordance with s. 119.15 and shall stand repealed
   65  on October 2, 2019, unless reviewed and saved from repeal
   66  through reenactment by the Legislature.
   67         Section 2. This act shall take effect October 1, 2019.