Senate Bill 1262c1
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Florida Senate - 2000 CS for SB 1262
By the Committee on Criminal Justice
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1 A bill to be entitled
2 An act relating to the confidentiality of
3 information concerning investigations conducted
4 under the Money Transmitters' Code; amending s.
5 560.129, F.S.; providing that information
6 concerning investigations or examinations
7 conducted by the Department of Banking and
8 Finance are confidential and exempt from
9 disclosure under the public records law;
10 deleting certain restrictions placed on access
11 to hearings, proceedings, and related documents
12 of the department; revising certain limitations
13 on the disclosure of consumer complaints and
14 other information concerning an investigation
15 or examination; deleting certain limitations
16 placed on the disclosure of reports prepared
17 by, or for the use of, the Department of
18 Banking and Finance; providing for the
19 disclosure of records or information to certain
20 parties approved by the department to conduct
21 examinations; providing a finding of public
22 necessity; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 560.129, Florida Statutes, is
27 amended to read:
28 560.129 Confidentiality.--
29 (1) For purposes of this section, the definitions
30 contained in s. 560.103, as created by chapter 94-238, Laws of
31 Florida, and chapter 94-354, Laws of Florida, apply.
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1 (2)(a) Except as otherwise provided in this section,
2 all information concerning an investigation or examination by
3 the department pursuant to this chapter, including any
4 consumer complaint, is confidential and exempt from s.
5 119.07(1) and s. 24(a), Art. I of the State Constitution until
6 the investigation or examination ceases to be active. For
7 purposes of this section, an investigation or examination is
8 considered "active" so long as the department or any other
9 administrative, regulatory, or law enforcement agency of any
10 jurisdiction is proceeding with reasonable dispatch and has a
11 reasonable good faith belief that action may be initiated by
12 the department or other administrative, regulatory, or law
13 enforcement agency.
14 (b) Notwithstanding paragraph (a), all information
15 obtained by the department in the course of its investigation
16 or examination which is a trade secret, as defined in s.
17 688.002, or which is personal financial information shall
18 remain confidential. If any administrative, civil, or criminal
19 proceeding against the money transmitter or a money
20 transmitter-affiliated party is initiated and the department
21 seeks to use matter that a registrant believes to be a trade
22 secret or personal financial information, such records shall
23 be subject to an in camera review by the administrative law
24 judge, if the matter is before the Division of Administrative
25 Hearings or a judge of any court of this state, any other
26 state, or the United States, as appropriate, for the purpose
27 of determining if the matter is a trade secret or is personal
28 financial information. If it is determined that the matter is
29 a trade secret, the matter shall remain confidential. If it is
30 determined that the matter is personal financial information,
31 the matter shall remain confidential unless the administrative
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1 law judge or judge determines that, in the interests of
2 justice, the matter should become public.
3 (c) If any administrative, civil, or criminal
4 proceeding against the money transmitter or a money
5 transmitter-affiliated party results in an acquittal or the
6 dismissal of all of the allegations against the money
7 transmitter or a money transmitter-affiliated party, upon the
8 request of either party, the administrative law judge or the
9 judge shall order all or a portion of the record of the
10 proceeding to be sealed, and it shall thereafter be
11 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
12 of the State Constitution.
13 (d) Except as necessary for the department or any
14 other administrative, regulatory, or law enforcement agency of
15 any jurisdiction to enforce the provisions of this chapter or
16 the law of any other state or the United States, a consumer
17 complaint and other information concerning an investigation or
18 examination shall remain confidential and exempt from s.
19 119.07(1) and s. 24(a), Art. I of the State Constitution after
20 the investigation or examination ceases to be active to the
21 extent that disclosure would:
22 (2) RESTRICTED ACCESS TO CERTAIN HEARINGS,
23 PROCEEDINGS, AND RELATED DOCUMENTS.--
24 (a) The hearings and proceedings conducted under the
25 code pursuant to this part shall be closed and exempt from the
26 provisions of s. 286.011 and s. 24(b), Art. I of the State
27 Constitution, and documents related to such hearings and
28 proceedings shall be confidential and exempt from the
29 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
30 Constitution.
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1 (b) Orders of courts or of administrative law judges
2 for the production of confidential records or information
3 shall provide for inspection in camera by the court or the
4 administrative law judge and, after the court or
5 administrative law judge has made a determination that the
6 documents requested are relevant or would likely lead to the
7 discovery of admissible evidence, the documents shall be
8 subject to further orders by the court or the administrative
9 law judge to protect the confidentiality thereof. Any order
10 directing the release of information shall be immediately
11 reviewable, and a petition by the department for review of
12 such order shall automatically stay further proceedings in the
13 trial court or the administrative hearing until the
14 disposition of such petition by the reviewing court. If any
15 other party files such a petition for review, it will operate
16 as a stay of such proceedings only upon order of the reviewing
17 court.
18 (3) Any emergency order entered under s. 560.112(6) is
19 confidential and exempt from the provisions of s. 119.07(1)
20 and s. 24(a), Art. I of the State Constitution, until the
21 emergency order is made permanent, unless the department finds
22 that such confidentiality will result in substantial risk of
23 financial loss to the public.
24 (4) Except for such portions of this section which are
25 otherwise public record, all records and information relating
26 to an investigation by the department under the code are
27 confidential and exempt from the provisions of s. 119.07(1)
28 and s. 24(a), Art. I of the State Constitution, until such
29 investigation is completed or ceases to be active. For
30 purposes of this subsection, an investigation is considered
31 active while such investigation is being conducted by the
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1 department with a reasonable, good faith belief that it may
2 lead to the filing of administrative, civil, or criminal
3 proceedings. An investigation does not cease to be active if
4 the department is proceeding with reasonable dispatch, and
5 there is a good faith belief that action may be initiated by
6 the department or other regulatory, administrative, or law
7 enforcement agency. After an investigation is completed or
8 ceases to be active, portions of such records relating to the
9 investigation shall be confidential and exempt from the
10 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
11 Constitution, to the extent that disclosure would:
12 1.(a) Jeopardize the integrity of another active
13 investigation;
14 (b) Impair the safety and soundness of a money
15 transmitter or authorized vendor;
16 2.(c) Reveal personal financial information;
17 3.(d) Reveal the identity of a confidential source; or
18 (e) Defame or cause unwarranted damage to the good
19 name or reputation, or jeopardize the safety, of a person; or
20 4.(f) Reveal investigative techniques or procedures.
21 (5) Except as otherwise provided in s. 560.121, and
22 except for such portions that are public record, reports of
23 examinations, operations, or conditions, including working
24 papers, or portions thereof, prepared by, or for the use of,
25 the department or any appropriate regulatory agency are
26 confidential and exempt from the provisions of s. 119.07(1)
27 and s. 24(a), Art. I of the State Constitution. However, such
28 reports or papers or portions thereof may be released to:
29 (a) The money transmitter under examination;
30 (b) Proposed purchasers if necessary to protect the
31 continued financial viability of the money transmitter;
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1 however, the department shall notify the money transmitter
2 prior to releasing such documents;
3 (c) Persons proposing in good faith to acquire a
4 controlling interest in or to merge with the money
5 transmitter; however, the department shall obtain permission
6 from the money transmitter prior to releasing such documents;
7 (d) Any responsible person, officer, director,
8 employee, attorney, auditor, or independent auditor officially
9 connected with the money transmitter, proposed purchaser, or
10 person seeking to acquire a controlling interest in or merge
11 with the money transmitter; however, the department shall
12 obtain permission from the money transmitter prior to
13 releasing such documents; or
14 (e) A bonding company, upon approval of the money
15 transmitter.
16
17 Any confidential information or records obtained from the
18 department pursuant to this subsection shall be maintained as
19 confidential and exempt from the provisions of s. 119.07(1)
20 and s. 24(a), Art. I of the State Constitution.
21 (3)(6) This section does shall not prevent or
22 restrict:
23 (a) Furnishing records or information to any
24 appropriate regulatory agency if provided that such agency
25 adheres to the confidentiality provisions of the code;
26 (b) Furnishing records or information to an
27 independent third party or a certified public accountant who
28 has been approved by the department to conduct an examination
29 under s. 560.118(1)(b), if the independent third party or
30 certified public accountant adheres to the confidentiality
31 provisions of the code; or
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1 (b) Disclosing or publishing summaries of the
2 condition of money transmitters as well as general economic
3 and similar statistics or data, provided that the identity of
4 a particular money transmitter is not disclosed and may not be
5 ascertained; or
6 (c) Reporting any suspected criminal activity, with
7 supporting documents and information, to appropriate law
8 enforcement or prosecutorial agencies.
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10 Any confidential information or records obtained from the
11 department pursuant to this subsection shall be maintained as
12 confidential and exempt from the provisions of s. 119.07(1)
13 and s. 24(a), Art. I of the State Constitution.
14 (7) All reports and records filed with the department
15 pursuant to s. 560.123 are confidential and exempt from the
16 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
17 Constitution. However, the department shall provide any report
18 filed pursuant to such section, or information contained
19 therein, to federal, state, and local law enforcement and
20 prosecutorial agencies, and to any federal or state agency
21 responsible for the regulation or supervision of money
22 transmitters.
23 (8) Confidential records and information furnished
24 pursuant to a legislative subpoena shall be kept confidential
25 by the legislative body or committee that receives the records
26 or information, except in a case involving investigation of
27 charges against a public official subject to impeachment or
28 removal, and then disclosure of such information shall be only
29 to the extent determined to be necessary by the legislative
30 body or committee.
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1 (4) All quarterly reports submitted by a money
2 transmitter to the department under s. 560.118(2)(b) are
3 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
4 of the State Constitution.
5 (5)(9) Examination reports, investigatory records,
6 applications, and related information compiled by the
7 department, or photographic copies thereof, shall be retained
8 by the department for a period of at least 10 years.
9 (6)(10) Any person who willfully discloses information
10 made confidential by this section commits a felony of the
11 third degree, punishable as provided in s. 775.082 or, s.
12 775.083, or s. 775.084.
13 (11) The exemptions created pursuant to subsections
14 (1)-(11) for purposes of the Money Transmitters' Code in this
15 chapter, as created by chapter 94-238, Laws of Florida, and
16 chapter 94-354, Laws of Florida, are exempt from the
17 provisions of ss. 119.07(1) and 286.011 and s. 24(a) and (b),
18 Art. I of the State Constitution.
19 Section 2. The Legislature finds that it is a public
20 necessity that records of investigations and examinations
21 conducted by the Department of Banking and Finance under
22 chapter 560, Florida Statutes, including records of consumer
23 complaints, be held confidential and exempt in order not to
24 compromise the investigation or examination and disclose
25 potentially inaccurate information. Such compromise would
26 impede the effective and efficient operation of active
27 investigatory and examination functions. Additionally, the
28 Legislature finds that it is a public necessity that trade
29 secrets remain confidential and exempt at all times because
30 the disclosure of such information would injure the affected
31 party in the marketplace. Further, the Legislature finds that
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1 it is a public necessity that consumer complaints be held
2 confidential and exempt after an investigation or examination
3 ceases to be active to the extent that disclosure would
4 jeopardize other investigations or reveal other information
5 that should be confidential. Disclosure of a consumer
6 complaint could lead to discrimination against the complainant
7 by others. The harm caused to such a complainant by the
8 release of this information outweighs any public benefit
9 derived from its release.
10 Section 3. This act shall take effect upon becoming a
11 law.
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13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 Senate Bill 1262
15
16 1. Expands what is confidential to include "personal
financial information" of a money transmitter that is
17 obtained by the Department of Banking and Finance during
an investigation or examination.
18
2. Provides that investigations or examinations which do
19 not result in the filing of charges no longer be
confidential with certain exceptions.
20
3. Provides that if there is an administrative or court
21 hearing and the department seeks to use trade secrets or
personal financial information, such secrets or
22 information will be subject to an in camera review by
the judge. If the judge determines that the matter is a
23 trade secret, it will remain confidential unless the
judge determines that, in the interests of justice, it
24 should become public.
25 4. Provides that, upon the request of either party, an
administrative law or other judge may seal all or a
26 portion of the record if proceedings against a money
transmitter result in acquittal or dismissal of charges.
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