The Florida Senate

560.129  Confidentiality.--

(1)  For purposes of this section, the definitions contained in s. 560.103, as created by chapter 94-238, Laws of Florida, and chapter 94-354, Laws of Florida, apply.

(2)  RESTRICTED ACCESS TO CERTAIN HEARINGS, PROCEEDINGS, AND RELATED DOCUMENTS.--

(a)  The hearings and proceedings conducted under the code pursuant to this part shall be closed and exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution, and documents related to such hearings and proceedings shall be confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(b)  Orders of courts or of administrative law judges for the production of confidential records or information shall provide for inspection in camera by the court or the administrative law judge and, after the court or administrative law judge has made a determination that the documents requested are relevant or would likely lead to the discovery of admissible evidence, the documents shall be subject to further orders by the court or the administrative law judge to protect the confidentiality thereof. Any order directing the release of information shall be immediately reviewable, and a petition by the department for review of such order shall automatically stay further proceedings in the trial court or the administrative hearing until the disposition of such petition by the reviewing court. If any other party files such a petition for review, it will operate as a stay of such proceedings only upon order of the reviewing court.

(3)  Any emergency order entered under s. 560.112(6) is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, until the emergency order is made permanent, unless the department finds that such confidentiality will result in substantial risk of financial loss to the public.

(4)  Except for such portions of this section which are otherwise public record, all records and information relating to an investigation by the department under the code are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, until such investigation is completed or ceases to be active. For purposes of this subsection, an investigation is considered active while such investigation is being conducted by the department with a reasonable, good faith belief that it may lead to the filing of administrative, civil, or criminal proceedings. An investigation does not cease to be active if the department is proceeding with reasonable dispatch, and there is a good faith belief that action may be initiated by the department or other regulatory, administrative, or law enforcement agency. After an investigation is completed or ceases to be active, portions of such records relating to the investigation shall be confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, to the extent that disclosure would:

(a)  Jeopardize the integrity of another active investigation;

(b)  Impair the safety and soundness of a money transmitter or authorized vendor;

(c)  Reveal personal financial information;

(d)  Reveal the identity of a confidential source;

(e)  Defame or cause unwarranted damage to the good name or reputation, or jeopardize the safety, of a person; or

(f)  Reveal investigative techniques or procedures.

(5)  Except as otherwise provided in s. 560.121, and except for such portions that are public record, reports of examinations, operations, or conditions, including working papers, or portions thereof, prepared by, or for the use of, the department or any appropriate regulatory agency are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, such reports or papers or portions thereof may be released to:

(a)  The money transmitter under examination;

(b)  Proposed purchasers if necessary to protect the continued financial viability of the money transmitter; however, the department shall notify the money transmitter prior to releasing such documents;

(c)  Persons proposing in good faith to acquire a controlling interest in or to merge with the money transmitter; however, the department shall obtain permission from the money transmitter prior to releasing such documents;

(d)  Any responsible person, officer, director, employee, attorney, auditor, or independent auditor officially connected with the money transmitter, proposed purchaser, or person seeking to acquire a controlling interest in or merge with the money transmitter; however, the department shall obtain permission from the money transmitter prior to releasing such documents; or

(e)  A bonding company, upon approval of the money transmitter.

Any confidential information or records obtained from the department pursuant to this subsection shall be maintained as confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(6)  This section shall not prevent or restrict:

(a)  Furnishing records or information to any appropriate regulatory agency provided that such agency adheres to the confidentiality provisions of the code;

(b)  Disclosing or publishing summaries of the condition of money transmitters as well as general economic and similar statistics or data, provided that the identity of a particular money transmitter is not disclosed and may not be ascertained; or

(c)  Reporting any suspected criminal activity, with supporting documents and information, to appropriate law enforcement or prosecutorial agencies.

Any confidential information or records obtained from the department pursuant to this subsection shall be maintained as confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(7)  All reports and records filed with the department pursuant to s. 560.123 are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, the department shall provide any report filed pursuant to such section, or information contained therein, to federal, state, and local law enforcement and prosecutorial agencies, and to any federal or state agency responsible for the regulation or supervision of money transmitters.

(8)  Confidential records and information furnished pursuant to a legislative subpoena shall be kept confidential by the legislative body or committee that receives the records or information, except in a case involving investigation of charges against a public official subject to impeachment or removal, and then disclosure of such information shall be only to the extent determined to be necessary by the legislative body or committee.

(9)  Examination reports, investigatory records, applications, and related information compiled by the department, or photographic copies thereof, shall be retained by the department for a period of at least 10 years.

(10)  Any person who willfully discloses information made confidential by this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(11)  The exemptions created pursuant to subsections (1)-¹(11) for purposes of the Money Transmitters' Code in this chapter, as created by chapter 94-238, Laws of Florida, and chapter 94-354, Laws of Florida, are exempt from the provisions of ss. 119.07(1) and 286.011 and s. 24(a) and (b), Art. I of the State Constitution.

History.--ss. 1, 2, ch. 94-281; s. 345, ch. 96-406; s. 254, ch. 96-410.

¹Note.--Redesignated as subsection (10) to conform to the repeal of former subsection (9) by s. 345, ch. 96-406.