HB 1637 2003
1	A bill to be entitled
2	An act relating to public records; amending s. 717.117,
3	F.S.; expanding the exemption from public records
4	requirements for social security numbers and financial
5	account numbers contained in reports of unclaimed property
6	held by the Department of Financial Services to include
7	the dollar amounts of unclaimed property accounts and the
8	number of reported shares of stock contained in such
9	reports; providing for retroactive applicability of the
10	exemption; providing for future review and repeal;
11	providing for construction; authorizing the withholding of
12	confidential information offered in evidence in
13	administrative, civil, or criminal proceedings; creating
14	s. 717.1231, F.S.; creating an exemption from public
15	records requirements for social security numbers, dollar
16	amounts of unclaimed property accounts, the number of
17	reported shares of stock, and financial account numbers
18	contained in legal and claim files held by the Department
19	of Financial Services; providing exceptions to the
20	exemption; providing for retroactive applicability of the
21	exemption; providing for future review and repeal of the
22	exemption; providing construction; authorizing the
23	withholding of confidential information offered in
24	evidence in administrative, civil, or criminal
25	proceedings; creating s. 717.12401, F.S.; creating an
26	exemption from public records requirements for personal
27	photographic identification held by the Department of
28	Financial Services pursuant to ch. 717, F.S.; providing
29	construction; authorizing the withholding of personal
30	photographic identification offered in evidence in
31	administrative, civil, or criminal proceedings; amending
32	s. 717.1301, F.S.; creating an exemption from public
33	records requirements for social security numbers, dollar
34	amounts of unclaimed property accounts, the number of
35	shares of stock, and financial account numbers contained
36	in an investigation or examination held by the Department
37	of Financial Services; providing exceptions to the
38	exemption; providing for retroactive applicability of the
39	exemption; providing for future review and repeal of the
40	exemption; providing construction; authorizing the
41	withholding of confidential information offered in
42	evidence in administrative, civil, or criminal
43	proceedings; creating s. 717.1342, F.S.; providing a
44	third-degree felony penalty for violation of ss.
45	717.117(8), 717.1231, 717.12401, and 717.1301(5)(b)1.,
46	F.S.; creating s. 717.1402, F.S.; providing a public
47	records exemption for a database to which the Department
48	of Financial Services subscribes if such database is
49	required by the database vendor to be kept confidential;
50	creating s. 717.1403, F.S.; providing a public records
51	exemption for trade secrets of holders of unclaimed
52	property and persons providing services for auditing or
53	examining holders of unclaimed property; providing
54	procedure if an action is brought to compel the release of
55	a trade secret; providing for the release of information
56	to specified entities; authorizing the withholding of
57	confidential information offered in evidence in
58	administrative, civil, or criminal proceedings; providing
59	a statement of public necessity; providing an effective
60	date.
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1. Subsection (8) of section 717.117, Florida
65	Statutes, is amended to read:
66	717.117 Report of unclaimed property.--
67	(8)(a) Social security numbers, unclaimed property account
68	dollar amounts, the number of reported shares of stock,and
69	financial account numbers contained in reports required under
70	this section, held by the department of Banking and Finance, are
71	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
72	of the State Constitution. Notwithstanding this exemption,
73	social security numbers, unclaimed property account dollar
74	amounts, and the number of reported shares of stockshall be
75	released, for the limited purpose of locating owners of
76	abandoned or unclaimed property, to an attorney, Florida-
77	certified public accountant, private investigator who is duly
78	licensed in this state, or a private investigative agency
79	licensed under chapter 493 and registered with the department of
80	Banking and Financeunder this chapter. This exemption applies
81	to social security numbers, unclaimed property account dollar
82	amounts, the number of reported shares of stock,and financial
83	account numbers held by the department of Banking and Finance
84	before, on, or after the effective date of this exemption. This
85	subsection is subject to the Open Government Sunset Review Act
86	of 1995 in accordance with s. 119.15, and shall stand repealed
87	October 2, 2008, unless reviewed and saved from repeal through
88	reenactment by the Legislature.This subsection is subject to
89	the Open Government Sunset Review Act of 1995 in accordance with
90	s. 119.15, and shall stand repealed October 2, 2007, unless
91	reviewed and saved from repeal through reenactment by the
92	Legislature.
93	(b) Nothing in paragraph (a) shall be construed to prohibit
94	the department from providing information to any law enforcement
95	agency, administrative agency, or regulatory body.
96	(c) If information subject to paragraph (a) is offered in
97	evidence in any administrative, civil, or criminal proceeding,
98	or is otherwise subject to such proceeding, the presiding
99	officer may, in her or his discretion, prevent the disclosure of
100	information which would be confidential pursuant to paragraph
101	(a).
102	(d) Any person receiving information which would be
103	confidential pursuant to paragraph (a) shall maintain the
104	confidentiality of the information so long as it would otherwise
105	be confidential.
106	Section 2. Section 717.1231, Florida Statutes, is created
107	to read:
108	717.1231 Confidentiality of legal and claim files.--
109	(1) Social security numbers, unclaimed property account
110	dollar amounts, the number of reported shares of stock, and
111	financial account numbers contained in legal and claim files
112	held by the department are confidential and exempt from s.
113	119.07(1) and s. 24(a), Art. I of the State Constitution.
114	Notwithstanding this exemption, social security numbers,
115	unclaimed property account dollar amounts, and the number of
116	reported shares of stock in legal and claim files held by the
117	department shall be released, for the limited purpose of
118	locating owners of abandoned or unclaimed property, to an
119	attorney, a Florida-certified public accountant, a private
120	investigator who is duly licensed in this state, or a private
121	investigative agency licensed under chapter 493 and registered
122	with the department under this chapter. This exemption applies
123	to social security numbers, unclaimed property account dollar
124	amounts, the number of reported shares of stock, and financial
125	account numbers held by the department before, on, or after the
126	effective date of this exemption. This subsection is subject to
127	the Open Government Sunset Review Act of 1995 in accordance with
128	s. 119.15, and shall stand repealed October 2, 2008, unless
129	reviewed and saved from repeal through reenactment by the
130	Legislature.
131	(2) Nothing in subsection (1) shall be construed to
132	prohibit the department from providing information to any law
133	enforcement or administrative agency or regulatory body.
134	(3) If information subject to subsection (1) is offered in
135	evidence in any administrative, civil, or criminal proceeding,
136	or is otherwise subject to such proceeding, the presiding
137	officer may, in her or his discretion, prevent the disclosure of
138	information which would be confidential pursuant to subsection
139	(1).
140	(4) Any person receiving information which would be
141	confidential pursuant to subsection (1) shall maintain the
142	confidentiality of the information so long as it would otherwise
143	be confidential.
144	Section 3. Section 717.12401, Florida Statutes, is created
145	to read:
146	717.12401 Personal photographic identification; public
147	records exemption.--
148	(1) Personal photographic identification held by the
149	department pursuant to this chapter is confidential and exempt
150	from s. 119.07(1) and s. 24(a), Art. I of the State
151	Constitution.
152	(2) Nothing in this section shall be construed to prohibit
153	the department from providing personal photographic
154	identification to any law enforcement agency, administrative
155	agency, or regulatory body.
156	(3) If personal photographic identification is offered in
157	evidence in any administrative, civil, or criminal proceeding,
158	or is otherwise subject to such proceeding, the presiding
159	officer may, in her or his discretion, prevent the disclosure of
160	information which would be confidential pursuant to this
161	section.
162	(4) Any person receiving information which would be
163	confidential pursuant to this section shall maintain the
164	confidentiality of the information so long as it would otherwise
165	be confidential.
166	Section 4. Subsection (5) of section 717.1301, Florida
167	Statutes, is amended to read:
168	717.1301 Investigations; examinations; subpoenas; public
169	records exemption.--
170	(5)(a)The material compiled by the department in an
171	investigation or examination under this chapter is confidential
172	until the investigation or examination is complete. The material
173	compiled by the department in an investigation or examination
174	under this chapter remains confidential after the department's
175	investigation or examination is complete if the department has
176	submitted the material or any part of it to any law enforcement
177	agency or other administrative agency for further investigation
178	or for the filing of a criminal or civil prosecution and such
179	investigation has not been completed or become inactive.
180	(b)1. Social security numbers, unclaimed property account
181	dollar amounts, the number of shares of stock, and financial
182	account numbers contained in an investigation or examination
183	held by the department are confidential and exempt from s.
184	119.07(1) and s. 24(a), Art. I of the State Constitution.
185	Notwithstanding this exemption, social security numbers,
186	unclaimed property account dollar amounts, and the number of
187	reported shares of stock contained in an investigation or
188	examination held by the department shall be released, for the
189	limited purpose of locating owners of abandoned or unclaimed
190	property, to an attorney, a Florida-certified public accountant,
191	a private investigator who is duly licensed in this state, or a
192	private investigative agency licensed under chapter 493 and
193	registered with the department under this chapter. This
194	exemption applies to social security numbers, unclaimed property
195	account dollar amounts, the number of reported shares of stock,
196	and financial account numbers held by the department before, on,
197	or after the effective date of this exemption. This subsection
198	is subject to the Open Government Sunset Review Act of 1995 in
199	accordance with s. 119.15, and shall stand repealed October 2,
200	2008, unless reviewed and saved from repeal through reenactment
201	by the Legislature.
202	2. Any person receiving information which would be
203	confidential pursuant to paragraph(a) or sub-paragraph 1. shall
204	maintain the confidentiality of the information so long as it
205	would otherwise be confidential.
206	(c) If information subject to subsection (5) is offered in
207	evidence in any administrative, civil, or criminal proceeding,
208	or is otherwise subject to such proceeding, the presiding
209	officer may, in her or his discretion, prevent the disclosure of
210	information which would be confidential pursuant to subsection
211	(5).
212	Section 5. Section 717.1342, Florida Statutes, is created
213	to read:
214	717.1342 Criminal penalties for disclosure of confidential
215	records.--Any person who willfully and knowingly violates s.
216	717.117(8), s. 717.1231, s. 717.12401, s. or 717.1301(5)(b)1
217	commits a felony of the third degree, punishable as provided in
218	s. 775.082, s. 775.083, or s. 775.084.
219	Section 6. Section 717.1402, Florida Statutes, is created
220	to read:
221	717.1402 Database subscriptions; public records
222	exemption.--The department may subscribe to one or more
223	databases for the purpose of verifying the validity of unclaimed
224	property claims. Such a database, if required to be kept
225	confidential by the database vendor, is confidential and exempt
226	from s. 119.07(1) and s. 24(a), Art. I of the State
227	Constitution.
228	Section 7. Section 717.1403, Florida Statutes, is created
229	to read:
230	717.1403 Trade secrets; public records exemption.--
231	(1) Trade secrets, as defined in s. 688.002, of holders of
232	unclaimed property and persons providing services for auditing
233	or examining holders of unclaimed property are confidential and
234	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
235	Constitution.
236	(2) If an action is brought to compel the release of a
237	trade secret, it is the responsibility of the person asserting
238	that the requested information is a trade secret to defend any
239	action brought to compel the release. The department shall not
240	be subject to costs, attorney's fees, or any other sanction in
241	any action to compel the release of information alleged to be a
242	trade secret.
243	(3) Nothing in this section shall be construed to prohibit
244	the department from providing information to any law enforcement
245	agency, administrative agency, or regulatory body.
246	(4) If information subject to this section is offered in
247	evidence in any administrative, civil, or criminal proceeding,
248	or is otherwise subject to such proceeding, the presiding
249	officer may, in her or his discretion, prevent the disclosure of
250	information which would be confidential pursuant to this
251	section.
252	(5) Any person receiving information which would be
253	confidential pursuant to this section shall maintain the
254	confidentiality of the information so long as it would otherwise
255	be confidential.
256	Section 8. The Legislature finds that the exemption from
257	public records requirements provided by this act for the dollar
258	amounts of unclaimed property accounts and the number of
259	reported shares of stock contained in reports of unclaimed
260	property held by the Department of Financial Services; social
261	security numbers, dollar amounts of unclaimed property accounts,
262	the number of reported shares of stock, and financial account
263	numbers contained in legal and claim files held by the
264	Department of Financial Services; personal photographic
265	identification held by the Department of Financial Services
266	pursuant to ch. 717, F.S.; social security numbers, dollar
267	amounts of unclaimed property accounts, the number of shares of
268	stock, and financial account numbers contained in an
269	investigation or examination held by the Department of Financial
270	Services; for a database to which the Department of Financial
271	Services subscribes if such database is required by the
272	database; and for trade secrets of holders of unclaimed property
273	and persons providing services for auditing or examining holders
274	of unclaimed property is a public necessity because any minor
275	public benefit that might be derived from the release to the
276	public of such sensitive personal and financial information and
277	trade secret information traditionally exempt from public
278	records requirements is vastly outweighed by the benefit to the
279	public served by the creation of the described exemptions.
280	Section 9. This act shall take effect upon becoming a law.