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2023 Florida Statutes (including 2023C)

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 559 REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY Entire Chapter
SECTION 5558
Public records exemption; investigations and examinations.
F.S. 559.5558
559.5558 Public records exemption; investigations and examinations.—
(1) As used in this section, the term “personal financial and health information” means:
(a) Information relating to the existence, nature, source, or amount of a consumer’s personal income, expenses, and debt;
(b) Information relating to a consumer’s financial transactions of any kind;
(c) Information relating to the existence, identification, nature, or value of a consumer’s assets, liabilities, or net worth;
(d) A consumer’s personal health condition, disease, or injury; or
(e) A history of a consumer’s personal medical diagnosis or treatment.
(2)(a) Except as otherwise provided by this section, information held by the office pursuant to an investigation or examination of a violation of this part is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, information made confidential and exempt pursuant to this section may be disclosed by the office to a law enforcement agency or another administrative agency in the performance of its official duties and responsibilities.
(b) Information made confidential and exempt pursuant to this section is no longer confidential and exempt once the investigation or examination is completed or ceases to be active unless disclosure of the information would:
1. Jeopardize the integrity of another active investigation or examination.
2. Reveal the personal identifying information of a consumer, unless the consumer is also the complainant. A complainant’s personal identifying information is subject to disclosure after the investigation or examination is completed or ceases to be active. However, a complainant’s personal financial and health information remains confidential and exempt.
3. Reveal the identity of a confidential source.
4. Reveal investigative or examination techniques or procedures.
5. Reveal trade secrets, as defined in s. 688.002.
(c) For purposes of this subsection, an investigation or examination is considered active if the investigation or examination is proceeding with reasonable dispatch and the office has a reasonable good faith belief that the investigation or examination may lead to the filing of an administrative, civil, or criminal proceeding or to the denial or conditional grant of an application for registration or other approval required under this part.
History.—s. 1, ch. 2014-117; s. 1, ch. 2019-33.