Senate Bill sb2440
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Florida Senate - 2003 SB 2440
By Senator Campbell
32-1552-03 See HB
1 A bill to be entitled
2 An act relating to public records; amending s.
3 717.117, F.S.; expanding the exemption from
4 public records requirements for social security
5 numbers and financial account numbers contained
6 in reports of unclaimed property held by the
7 Department of Financial Services to include the
8 dollar amounts of unclaimed property accounts
9 and the number of reported shares of stock
10 contained in such reports; providing for
11 retroactive applicability of the exemption;
12 providing for future review and repeal;
13 providing for construction; authorizing the
14 withholding of confidential information offered
15 in evidence in administrative, civil, or
16 criminal proceedings; creating s. 717.1231,
17 F.S.; creating an exemption from public records
18 requirements for social security numbers,
19 dollar amounts of unclaimed property accounts,
20 the number of reported shares of stock, and
21 financial account numbers contained in legal
22 and claim files held by the Department of
23 Financial Services; providing exceptions to the
24 exemption; providing for retroactive
25 applicability of the exemption; providing for
26 future review and repeal of the exemption;
27 providing construction; authorizing the
28 withholding of confidential information offered
29 in evidence in administrative, civil, or
30 criminal proceedings; creating s. 717.12401,
31 F.S.; creating an exemption from public records
1
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Florida Senate - 2003 SB 2440
32-1552-03 See HB
1 requirements for personal photographic
2 identification held by the Department of
3 Financial Services pursuant to ch. 717, F.S.;
4 providing construction; authorizing the
5 withholding of personal photographic
6 identification offered in evidence in
7 administrative, civil, or criminal proceedings;
8 amending s. 717.1301, F.S.; creating an
9 exemption from public records requirements for
10 social security numbers, dollar amounts of
11 unclaimed property accounts, the number of
12 shares of stock, and financial account numbers
13 contained in an investigation or examination
14 held by the Department of Financial Services;
15 providing exceptions to the exemption;
16 providing for retroactive applicability of the
17 exemption; providing for future review and
18 repeal of the exemption; providing
19 construction; authorizing the withholding of
20 confidential information offered in evidence in
21 administrative, civil, or criminal proceedings;
22 creating s. 717.1342, F.S.; providing a
23 third-degree felony penalty for violation of
24 ss. 717.117(8), 717.1231, 717.12401, and
25 717.1301(5)(b)1., F.S.; creating s. 717.1402,
26 F.S.; providing a public records exemption for
27 a database to which the Department of
28 Financial Services subscribes if such database
29 is required by the database vendor to be kept
30 confidential; creating s. 717.1403, F.S.;
31 providing a public records exemption for trade
2
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Florida Senate - 2003 SB 2440
32-1552-03 See HB
1 secrets of holders of unclaimed property and
2 persons providing services for auditing or
3 examining holders of unclaimed property;
4 providing procedure if an action is brought to
5 compel the release of a trade secret; providing
6 for the release of information to specified
7 entities; authorizing the withholding of
8 confidential information offered in evidence in
9 administrative, civil, or criminal proceedings;
10 providing a statement of public necessity;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (8) of section 717.117, Florida
16 Statutes, is amended to read:
17 717.117 Report of unclaimed property.--
18 (8)(a) Social security numbers, unclaimed property
19 account dollar amounts, the number of reported shares of
20 stock, and financial account numbers contained in reports
21 required under this section, held by the department of Banking
22 and Finance, are confidential and exempt from s. 119.07(1) and
23 s. 24(a), Art. I of the State Constitution. Notwithstanding
24 this exemption, social security numbers, unclaimed property
25 account dollar amounts, and the number of reported shares of
26 stock shall be released, for the limited purpose of locating
27 owners of abandoned or unclaimed property, to an attorney,
28 Florida-certified public accountant, private investigator who
29 is duly licensed in this state, or a private investigative
30 agency licensed under chapter 493 and registered with the
31 department of Banking and Finance under this chapter. This
3
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Florida Senate - 2003 SB 2440
32-1552-03 See HB
1 exemption applies to social security numbers, unclaimed
2 property account dollar amounts, the number of reported shares
3 of stock, and financial account numbers held by the department
4 of Banking and Finance before, on, or after the effective date
5 of this exemption. This subsection is subject to the Open
6 Government Sunset Review Act of 1995 in accordance with s.
7 119.15, and shall stand repealed October 2, 2008, unless
8 reviewed and saved from repeal through reenactment by the
9 Legislature. This subsection is subject to the Open
10 Government Sunset Review Act of 1995 in accordance with s.
11 119.15, and shall stand repealed October 2, 2007, unless
12 reviewed and saved from repeal through reenactment by the
13 Legislature.
14 (b) Nothing in paragraph (a) shall be construed to
15 prohibit the department from providing information to any law
16 enforcement agency, administrative agency, or regulatory body.
17 (c) If information subject to paragraph (a) is offered
18 in evidence in any administrative, civil, or criminal
19 proceeding, or is otherwise subject to such proceeding, the
20 presiding officer may, in her or his discretion, prevent the
21 disclosure of information which would be confidential pursuant
22 to paragraph (a).
23 (d) Any person receiving information which would be
24 confidential pursuant to paragraph (a) shall maintain the
25 confidentiality of the information so long as it would
26 otherwise be confidential.
27 Section 2. Section 717.1231, Florida Statutes, is
28 created to read:
29 717.1231 Confidentiality of legal and claim files.--
30 (1) Social security numbers, unclaimed property account
31 dollar amounts, the number of reported shares of stock, and
4
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Florida Senate - 2003 SB 2440
32-1552-03 See HB
1 financial account numbers contained in legal and claim files
2 held by the department are confidential and exempt from s.
3 119.07(1) and s. 24(a), Art. I of the State
4 Constitution. Notwithstanding this exemption, social security
5 numbers, unclaimed property account dollar amounts, and the
6 number of reported shares of stock in legal and claim files
7 held by the department shall be released, for the limited
8 purpose of locating owners of abandoned or unclaimed property,
9 to an attorney, a Florida-certified public accountant, a
10 private investigator who is duly licensed in this state, or a
11 private investigative agency licensed under chapter 493 and
12 registered with the department under this chapter. This
13 exemption applies to social security numbers, unclaimed
14 property account dollar amounts, the number of reported shares
15 of stock, and financial account numbers held by the department
16 before, on, or after the effective date of this
17 exemption. This subsection is subject to the Open Government
18 Sunset Review Act of 1995 in accordance with s. 119.15, and
19 shall stand repealed October 2, 2008, unless reviewed and
20 saved from repeal through reenactment by the Legislature.
21 (2) Nothing in subsection (1) shall be construed to
22 prohibit the department from providing information to any law
23 enforcement or administrative agency or regulatory body.
24 (3) If information subject to subsection (1) is offered
25 in evidence in any administrative, civil, or criminal
26 proceeding, or is otherwise subject to such proceeding, the
27 presiding officer may, in her or his discretion, prevent the
28 disclosure of information which would be confidential pursuant
29 to subsection (1).
30 (4) Any person receiving information which would be
31 confidential pursuant to subsection (1) shall maintain the
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Florida Senate - 2003 SB 2440
32-1552-03 See HB
1 confidentiality of the information so long as it would
2 otherwise be confidential.
3 Section 3. Section 717.12401, Florida Statutes, is
4 created to read:
5 717.12401 Personal photographic identification; public
6 records exemption.--
7 (1) Personal photographic identification held by the
8 department pursuant to this chapter is confidential and exempt
9 from s. 119.07(1) and s. 24(a), Art. I of the State
10 Constitution.
11 (2) Nothing in this section shall be construed to
12 prohibit the department from providing personal photographic
13 identification to any law enforcement agency, administrative
14 agency, or regulatory body.
15 (3) If personal photographic identification is offered
16 in evidence in any administrative, civil, or criminal
17 proceeding, or is otherwise subject to such proceeding, the
18 presiding officer may, in her or his discretion, prevent the
19 disclosure of information which would be confidential pursuant
20 to this section.
21 (4) Any person receiving information which would be
22 confidential pursuant to this section shall maintain the
23 confidentiality of the information so long as it would
24 otherwise be confidential.
25 Section 4. Subsection (5) of section 717.1301, Florida
26 Statutes, is amended to read:
27 717.1301 Investigations; examinations; subpoenas;
28 public records exemption.--
29 (5)(a) The material compiled by the department in an
30 investigation or examination under this chapter is
31 confidential until the investigation or examination is
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Florida Senate - 2003 SB 2440
32-1552-03 See HB
1 complete. The material compiled by the department in an
2 investigation or examination under this chapter remains
3 confidential after the department's investigation or
4 examination is complete if the department has submitted the
5 material or any part of it to any law enforcement agency or
6 other administrative agency for further investigation or for
7 the filing of a criminal or civil prosecution and such
8 investigation has not been completed or become inactive.
9 (b)1. Social security numbers, unclaimed property
10 account dollar amounts, the number of shares of stock, and
11 financial account numbers contained in an investigation or
12 examination held by the department are confidential and exempt
13 from s. 119.07(1) and s. 24(a), Art. I of the State
14 Constitution. Notwithstanding this exemption, social security
15 numbers, unclaimed property account dollar amounts, and the
16 number of reported shares of stock contained in an
17 investigation or examination held by the department shall be
18 released, for the limited purpose of locating owners of
19 abandoned or unclaimed property, to an attorney, a
20 Florida-certified public accountant, a private investigator
21 who is duly licensed in this state, or a private investigative
22 agency licensed under chapter 493 and registered with the
23 department under this chapter. This exemption applies to
24 social security numbers, unclaimed property account dollar
25 amounts, the number of reported shares of stock, and financial
26 account numbers held by the department before, on, or after
27 the effective date of this exemption. This subsection is
28 subject to the Open Government Sunset Review Act of 1995 in
29 accordance with s. 119.15, and shall stand repealed October 2,
30 2008, unless reviewed and saved from repeal through
31 reenactment by the Legislature.
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Florida Senate - 2003 SB 2440
32-1552-03 See HB
1 2. Any person receiving information which would be
2 confidential pursuant to paragraph(a) or sub-paragraph 1.
3 shall maintain the confidentiality of the information so long
4 as it would otherwise be confidential.
5 (c) If information subject to subsection (5) is offered
6 in evidence in any administrative, civil, or criminal
7 proceeding, or is otherwise subject to such proceeding, the
8 presiding officer may, in her or his discretion, prevent the
9 disclosure of information which would be confidential pursuant
10 to subsection (5).
11 Section 5. Section 717.1342, Florida Statutes, is
12 created to read:
13 717.1342 Criminal penalties for disclosure of
14 confidential records.--Any person who willfully and knowingly
15 violates s. 717.117(8), s. 717.1231, s. 717.12401, s. or
16 717.1301(5)(b)1. commits a felony of the third degree,
17 punishable as provided in s. 775.082, s. 775.083, or s.
18 775.084.
19 Section 6. Section 717.1402, Florida Statutes, is
20 created to read:
21 717.1402 Database subscriptions; public records
22 exemption.--The department may subscribe to one or more
23 databases for the purpose of verifying the validity of
24 unclaimed property claims. Such a database, if required to be
25 kept confidential by the database vendor, is confidential and
26 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
27 Constitution.
28 Section 7. Section 717.1403, Florida Statutes, is
29 created to read:
30 717.1403 Trade secrets; public records exemption.--
31
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Florida Senate - 2003 SB 2440
32-1552-03 See HB
1 (1) Trade secrets, as defined in s. 688.002, of holders
2 of unclaimed property and persons providing services for
3 auditing or examining holders of unclaimed property are
4 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
5 of the State Constitution.
6 (2) If an action is brought to compel the release of a
7 trade secret, it is the responsibility of the person asserting
8 that the requested information is a trade secret to defend any
9 action brought to compel the release. The department shall
10 not be subject to costs, attorney's fees, or any other
11 sanction in any action to compel the release of information
12 alleged to be a trade secret.
13 (3) Nothing in this section shall be construed to
14 prohibit the department from providing information to any law
15 enforcement agency, administrative agency, or regulatory body.
16 (4) If information subject to this section is offered
17 in evidence in any administrative, civil, or criminal
18 proceeding, or is otherwise subject to such proceeding, the
19 presiding officer may, in her or his discretion, prevent the
20 disclosure of information which would be confidential pursuant
21 to this section.
22 (5) Any person receiving information which would be
23 confidential pursuant to this section shall maintain the
24 confidentiality of the information so long as it would
25 otherwise be confidential.
26 Section 8. The Legislature finds that the exemption
27 from public records requirements provided by this act for the
28 dollar amounts of unclaimed property accounts and the number
29 of reported shares of stock contained in reports of unclaimed
30 property held by the Department of Financial Services; social
31 security numbers, dollar amounts of unclaimed property
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Florida Senate - 2003 SB 2440
32-1552-03 See HB
1 accounts, the number of reported shares of stock, and
2 financial account numbers contained in legal and claim files
3 held by the Department of Financial Services; personal
4 photographic identification held by the Department of
5 Financial Services pursuant to chapter 717, Florida Statutes;
6 social security numbers, dollar amounts of unclaimed property
7 accounts, the number of shares of stock, and financial account
8 numbers contained in an investigation or examination held by
9 the Department of Financial Services; for a database to which
10 the Department of Financial Services subscribes if such
11 database is required by the database; and for trade secrets of
12 holders of unclaimed property and persons providing services
13 for auditing or examining holders of unclaimed property is a
14 public necessity because any minor public benefit that might
15 be derived from the release to the public of such sensitive
16 personal and financial information and trade secret
17 information traditionally exempt from public records
18 requirements is vastly outweighed by the benefit to the public
19 served by the creation of the described exemptions.
20 Section 9. This act shall take effect upon becoming a
21 law.
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