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

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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

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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

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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

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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.

22  

23  

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25  

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