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. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 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 Sunset64 Review Act in accordance with s. 119.15 and shall stand repealed65 on October 2, 2019, unless reviewed and saved from repeal66 through reenactment by the Legislature.67 Section 2. This act shall take effect October 1, 2019.