ENROLLED HB 1039 2003 Legislature
   
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).
70         
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.