Senate Bill sb0054E

    Florida Senate - 2002                                  SB 54-E

    By Senator Burt





    16-2394-02

  1                      A bill to be entitled

  2         An act relating to public records; exempting

  3         from public-records requirements complaints

  4         filed with the Statewide Complaint Receipt and

  5         Referral Center; providing guidelines for the

  6         use of such information; providing for future

  7         review and repeal; providing a finding of

  8         public necessity; providing a contingent

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Notification of fraud complaint; public

14  records exemptions.--Information contained in a compliant

15  filed with the Statewide Complaint Receipt and Referral Center

16  is active criminal intelligence and active criminal

17  investigative information to assist law enforcement agencies

18  in the investigation and prosecution of crime and is

19  confidential and exempt from section 119.07(1), Florida

20  Statutes, and Section 24(a), Article I of the State

21  Constitution. When the complaint is no longer active criminal

22  intelligence or active criminal investigative information, the

23  personal identifying information concerning the complainant,

24  including address, date of birth, social security number,

25  financial account numbers or other financial account

26  information, credit card or debit card information, credit

27  history or credit history reports, and mother's maiden name is

28  confidential and exempt from section 119.07(1), Florida

29  Statutes, and Section 24(a), Article I of the State

30  constitution. Such information may be used by the Statewide

31  Complaint Receipt and Referral Center to carry out the duties

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    Florida Senate - 2002                                  SB 54-E
    16-2394-02




 1  of the center and the purposes of the Fraud Prevention Unit in

 2  the Office of the Attorney General. The exempt information may

 3  be disclosed to another governmental entity or its agents,

 4  employees, or contractors if disclosure is necessary for the

 5  receiving entity to perform its duties and responsibilities.

 6  The receiving governmental entity and its agents, employees,

 7  and contractors shall maintain the confidential and exempt

 8  status of information. The exempt information may be provided

 9  to any other person or entity only with the express written

10  consent of the complainant or pursuant to court order. This

11  section is subject to the Open Government Sunset Review Act of

12  1995 in accordance with section 119.15, Florida Statutes, and

13  shall stand repealed October 2, 2007, unless reviewed and

14  saved from repeal through reenactment by the Legislature.

15         Section 2.  The Legislature finds that the exemption

16  from public-records requirements provided in this act is a

17  public necessity, and that it would inhibit active criminal

18  investigations or the obtaining of criminal investigative

19  information if the complaints were not exempt during the

20  pendency of any criminal investigation. Further, the failure

21  to exempt personal identifying information contained in a

22  complaint beyond the termination of a criminal investigation

23  would be an invasion of a complainant's privacy. Making the

24  personal information in a complaint publicly available may

25  further expose the complainant to fraud, including identity

26  theft. Furthermore, the Legislature finds that failure to

27  protect the confidentiality of any personal information

28  submitted to or collected by the Statewide Complaint Receipt

29  and Referral Center pursuant to this act, including the

30  complainant's address, date of birth, social security number,

31  financial account numbers or other financial account

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    Florida Senate - 2002                                  SB 54-E
    16-2394-02




 1  information, credit card or debit card information, credit

 2  history or credit history reports, and mother's maiden name,

 3  would deter the reporting of this information and would

 4  prevent the center and the appropriate law enforcement and

 5  business entities from effectively identifying the scope of

 6  fraud, developing strategies to respond to fraud, providing

 7  information to the public concerning fraud schemes, assisting

 8  victims in restoring their credit and name to their original

 9  status, and carrying out the other purposes of the Statewide

10  Complaint Receipt and Referral Center.

11         Section 3.  This act shall take effect on the effective

12  date of Senate Bill 34-E or similar legislation, and shall not

13  take effect if such legislation does not become a law.

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16                          SENATE SUMMARY

17    Exempts from the public-records law information contained
      in a complaint filed with the Statewide Complaint Receipt
18    and Referral Center. Provides certain exceptions.
      Provides for repeal and legislative review under the Open
19    Government Sunset Review Act of 1995.

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CODING: Words stricken are deletions; words underlined are additions.