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)(a)  Except as otherwise provided in this section, all information concerning an investigation or examination by the department pursuant to this chapter, including any consumer complaint, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation or examination ceases to be active. For purposes of this section, an investigation or examination is considered "active" so long as the department or any other administrative, regulatory, or law enforcement agency of any jurisdiction is proceeding with reasonable dispatch and has a reasonable good faith belief that action may be initiated by the department or other administrative, regulatory, or law enforcement agency.

(b)  Notwithstanding paragraph (a), all information obtained by the department in the course of its investigation or examination which is a trade secret, as defined in s. 688.002, or which is personal financial information shall remain confidential. If any administrative, civil, or criminal proceeding against the money transmitter or a money transmitter-affiliated party is initiated and the department seeks to use matter that a registrant believes to be a trade secret or personal financial information, such records shall be subject to an in camera review by the administrative law judge, if the matter is before the Division of Administrative Hearings, or a judge of any court of this state, any other state, or the United States, as appropriate, for the purpose of determining if the matter is a trade secret or is personal financial information. If it is determined that the matter is a trade secret, the matter shall remain confidential. If it is determined that the matter is personal financial information, the matter shall remain confidential unless the administrative law judge or judge determines that, in the interests of justice, the matter should become public.

(c)  If any administrative, civil, or criminal proceeding against the money transmitter or a money transmitter-affiliated party results in an acquittal or the dismissal of all of the allegations against the money transmitter or a money transmitter-affiliated party, upon the request of any party, the administrative law judge or the judge may order all or a portion of the record of the proceeding to be sealed, and it shall thereafter be confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(d)  Except as necessary for the department or any other administrative, regulatory, or law enforcement agency of any jurisdiction to enforce the provisions of this chapter or the law of any other state or the United States, a consumer complaint and other information concerning an investigation or examination shall remain confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution after the investigation or examination ceases to be active to the extent that disclosure would:

1.  Jeopardize the integrity of another active investigation;

2.  Reveal personal financial information;

3.  Reveal the identity of a confidential source; or

4.  Reveal investigative techniques or procedures.

(3)  This section does not prevent or restrict:

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

(b)  Furnishing records or information to an independent third party or a certified public accountant who has been approved by the department to conduct an examination under s. 560.118(1)(b), if the independent third party or certified public accountant adheres to the confidentiality provisions of the code; or

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

(4)  All quarterly reports submitted by a money transmitter to the department under s. 560.118(2)(b) are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(5)  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.

(6)  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 or s. 775.083.

History.--ss. 1, 2, ch. 94-281; s. 345, ch. 96-406; s. 254, ch. 96-410; s. 66, ch. 2000-154; s. 1, ch. 2000-293.