HB 1039 2003
1	A bill to be entitled
2	An act relating to a public records exemption for
3	investigative information held by the Division of Florida
4	Land Sales, Condominiums, and Mobile Homes of the
5	Department of Business and Professional Regulation;
6	amending s. 498.047, F.S.; making conforming and editorial
7	changes; removing the October 2, 2003, repeal thereof
8	scheduled under the Open Government Sunset Review Act of
9	1995; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Notwithstanding the October 2, 2003, repeal of
14	said subsection scheduled pursuant to the Open Government Sunset
15	Review Act of 1995, subsection (8) of section 498.047, Florida
16	Statutes, is amended to read:
17	498.047 Investigations.--
18	(8)(a) Information held by the Division of Florida Land
19	Sales, Condominiums, and Mobile HomesExcept as otherwise
20	provided by this subsection, informationrelative to an
21	investigation by the divisionpursuant to this chapter,
22	including any consumer complaint, is confidential and exempt
23	from s. 119.07(1) and s. 24(a), Art. I of the State
24	Constitution, until 10 days after a notice to show cause has
25	been filed by the division, or, in the case in which no notice
26	to show cause is filed, the investigation is completed or ceases
27	to be active. For purposes of this section, an investigation
28	shall be considered "active" so long as the division or any law
29	enforcement or administrative agency or regulatory organization
30	is proceeding with reasonable dispatch and has a reasonable good
31	faith belief that the investigation may lead to the filing of an
32	administrative, civil, or criminal proceeding or to the denial
33	or conditional grant of a license or registration. However, in
34	response to a specific inquiry about the registration status of
35	a registered or unregistered subdivider, the division may
36	disclose the existence and the status of an active
37	investigation. This subsection shall not be construed to
38	prohibit disclosure of information which is required by law to
39	be filed with the division and which, but for the investigation,
40	would be subject to s. 119.07(1).
41	(b) Except as necessary for the division to enforce the
42	provisions of this chapter,A consumer complaint and other
43	information relative to an investigation shall remain
44	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
45	of the State Constitution, after the filing of a notice to show
46	cause or the investigation is completed or ceases to be active
47	to the extent disclosure would:
48	1. Jeopardize the integrity of another active
49	investigation.
50	2. Reveal the name, address, telephone number, social
51	security number, or any other identifying number or information
52	of any purchaser or account holder, or social security number or
53	any account number of a complainant.
54	3. Reveal a trade secret as defined in s. 688.002.
55	(c) TheNothing in this subsection shall be construed to
56	prohibit the division may provide confidential and exempt from
57	providinginformation to any law enforcement or administrative
58	agency or regulatory organization when such agency or
59	organization makes the request in connection with its official
60	duties. Any law enforcement or administrative agency or
61	regulatory organization receiving confidential and exempt
62	information in connection with its official duties shall
63	maintain the confidential and exempt statusconfidentialityof
64	the information as provided for in this subsection.
65	(d) If information subject to this subsection is offered
66	in evidence in any administrative, civil, or criminal
67	proceeding, the presiding officer may, in his or her discretion,
68	prevent the disclosure of information which would be
69	confidential and exemptpursuant to paragraph (b).
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71	This subsection is subject to the Open Government Sunset Review
72	Act of 1995 in accordance with s. 119.15, and shall stand
73	repealed on October 2, 2003, unless reviewed and saved from
74	repeal through reenactment by the Legislature.
75	Section 2. This act shall take effect October 1, 2003.