CODING: Words stricken are deletions; words underlined are additions.House Bill 1903
Florida House of Representatives - 1997 HB 1903
By the Committee on Real Property & Probate and
Representative Crow
1 A bill to be entitled
2 An act relating to records of the Division of
3 Florida Land Sales, Condominiums, and Mobile
4 Homes; amending s. 498.047, F.S.; providing an
5 exemption from public records requirements for
6 information relative to an investigation by the
7 division under the Florida Uniform Land Sales
8 Practices Law for a specified period; providing
9 for continued exemption for certain information
10 relative to such investigation under certain
11 conditions; authorizing certain disclosure of
12 such information; providing for future review
13 and repeal; removing provisions relating to
14 access by the division to records maintained
15 outside the state; providing a finding of
16 public necessity; providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsection (5) of section 498.047, Florida
21 Statutes, is amended to read:
22 498.047 Investigations.--
23 (5)(a) Except as otherwise provided by this
24 subsection, information relative to an investigation by the
25 division pursuant to this chapter, including any consumer
26 complaint, is confidential and exempt from s. 119.07(1) and s.
27 24(a), Art. I of the State Constitution, until 10 days after a
28 notice to show cause has been filed by the division, or, in
29 the case in which no notice to show cause is filed, the
30 investigation is completed or ceases to be active. For
31 purposes of this section, an investigation shall be considered
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1 "active" so long as the division or any law enforcement or
2 administrative agency or regulatory organization is proceeding
3 with reasonable dispatch and has a reasonable good faith
4 belief that the investigation may lead to the filing of an
5 administrative, civil, or criminal proceeding or to the denial
6 or conditional grant of a license or registration. However,
7 in response to a specific inquiry about the registration
8 status of a registered or unregistered subdivider, the
9 division may disclose the existence and the status of an
10 active investigation. This subsection shall not be construed
11 to prohibit disclosure of information which is required by law
12 to be filed with the division and which, but for the
13 investigation, would be subject to s. 119.07(1).
14 (b) Except as necessary for the division to enforce
15 the provisions of this chapter, a consumer complaint and other
16 information relative to an investigation shall remain
17 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
18 of the State Constitution, after the filing of a notice to
19 show cause or the investigation is completed or ceases to be
20 active to the extent disclosure would:
21 1. Jeopardize the integrity of another active
22 investigation.
23 2. Reveal the name, address, telephone number, social
24 security number, or any other identifying number or
25 information of any purchaser or account holder, or social
26 security number or any account number of a complainant.
27 3. Reveal a trade secret as defined in s. 688.002.
28 (c) Nothing in this subsection shall be construed to
29 prohibit the division from providing information to any law
30 enforcement or administrative agency or regulatory
31 organization. Any law enforcement or administrative agency or
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1 regulatory organization receiving confidential information in
2 connection with its official duties shall maintain the
3 confidentiality of the information as provided for in this
4 subsection.
5 (d) If information subject to this subsection is
6 offered in evidence in any administrative, civil, or criminal
7 proceeding, the presiding officer may, in his or her
8 discretion, prevent the disclosure of information which would
9 be confidential pursuant to paragraph (b).
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11 This subsection is subject to the Open Government Sunset
12 Review Act of 1995 in accordance with s. 119.15, and shall
13 stand repealed on October 2, 2002, unless reviewed and saved
14 from repeal through reenactment by the Legislature. For the
15 purpose of any investigation or proceeding under this chapter
16 involving a person whose books or records are maintained
17 outside of the state, that person shall either:
18 (a) Deliver the original books or records, together
19 with any other documents requested by the division, to the
20 designated office of the division in this state; or
21 (b) Pay all documented expenses incurred by the
22 division in conducting the investigation or proceeding at the
23 location of the books or records.
24 Section 2. The Legislature finds that the exemptions
25 provided for in this act are a public necessity. The untimely
26 disclosure of information relative to an investigation by the
27 Division of Florida Land Sales, Condominiums, and Mobile Homes
28 could jeopardize the investigation. The untimely disclosure
29 of certain identifying and location information relating to
30 purchasers or account holders or complainants could jeopardize
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Florida House of Representatives - 1997 HB 1903
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1 the integrity of investigations, or reveal trade secrets.
2 These public records exemptions are for a limited time period.
3 Section 3. This act shall take effect October 1, 1997.
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6 HOUSE SUMMARY
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Provides an exemption from public records requirements
8 for information relative to an investigation by the
Division of Florida Land Sales, Condominiums, and Mobile
9 Homes under the Florida Uniform Land Sales Practices Law
for a specified period. Provides for continued exemption
10 after that period expires for certain information if
disclosure would jeopardize another investigation or
11 reveal certain identifying information or a trade secret.
Authorizes certain disclosure of such information.
12 Provides for future review and repeal.
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Removes provisions relating to access by the division to
14 records maintained outside the state.
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