1 | A bill to be entitled |
2 | An act relating to public records exemptions; creating s. |
3 | 717.1171, F.S.; exempting from public records requirements |
4 | certain financial records held by the Department of |
5 | Financial Services; providing exceptions; creating s. |
6 | 717.12401, F.S.; exempting from public records |
7 | requirements certain personal photographic information |
8 | held by the department; providing exceptions; creating s. |
9 | 717.12402, F.S.; exempting from public records |
10 | requirements certain databases subscribed to by the |
11 | department under certain circumstances; amending s. |
12 | 717.1301, F.S.; deleting an exemption from certain public |
13 | records requirements for materials compiled by the |
14 | department under an investigation or examination; creating |
15 | s. 717.1302, F.S.; exempting from public records |
16 | requirements certain materials compiled by the department |
17 | relating to investigations or examinations; providing |
18 | exceptions; creating s. 717.1342, F.S.; providing criminal |
19 | penalties for disclosure of confidential records; |
20 | providing findings of public necessity; providing for |
21 | future legislative review and repeal; providing a |
22 | contingent effective date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Section 717.1171, Florida Statutes, is created |
27 | to read: |
28 | 717.1171 Public records exemption for social security |
29 | numbers, unclaimed property account dollar amounts, the number |
30 | of reported shares of stock, and financial account numbers.-- |
31 | (1) Social security numbers, unclaimed property account |
32 | dollar amounts, the number of reported shares of stock, and |
33 | financial account numbers held by the department are |
34 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
35 | of the State Constitution. Notwithstanding this exemption, |
36 | unclaimed property account dollar amounts and the number of |
37 | reported shares of stock shall be released to an attorney |
38 | licensed to practice law in this state, a licensed Florida- |
39 | certified public accountant, or a private investigator licensed |
40 | under chapter 493, and registered with the department under this |
41 | chapter. Notwithstanding this exemption, social security |
42 | numbers, unclaimed property account dollar amounts, the number |
43 | of reported shares of stock, and financial account numbers held |
44 | by the department may be provided to another agency in the |
45 | furtherance of that agency's duties and responsibilities, or an |
46 | employee of such agency. The receiving person or agency, other |
47 | than the person entitled to the unclaimed property, must |
48 | maintain the confidential and exempt status of such information. |
49 | This exemption applies to social security numbers, unclaimed |
50 | property account dollar amounts, the number of reported shares |
51 | of stock, and financial account numbers held by the department |
52 | before, on, or after October 1, 2004. |
53 | (2) If information made confidential and exempt under this |
54 | section is offered as evidence in any administrative, civil, or |
55 | criminal proceeding, or is otherwise subject to such proceeding, |
56 | the presiding officer, in her or his discretion, may prevent the |
57 | disclosure of information which is confidential and exempt |
58 | pursuant to this section. |
59 | (3) An attorney licensed to practice law in this state, a |
60 | licensed Florida-certified public accountant, or a private |
61 | investigator licensed under chapter 493, and registered with the |
62 | department under this chapter, or an employee thereof, may |
63 | disclose in good faith unclaimed property account dollar amounts |
64 | and the number of reported shares of stock to a person who is |
65 | believed by the attorney, accountant, or investigator, or an |
66 | employee thereof, to be entitled to the unclaimed property. |
67 | (4) The department, or an employee of the department, may |
68 | disclose in good faith unclaimed property account dollar amounts |
69 | and the number of reported shares of stock to a person who is |
70 | believed by the department, or an employee of the department, to |
71 | be entitled to the unclaimed property. |
72 | (5) This section does not supersede the licensing |
73 | requirements of chapter 493. |
74 | Section 2. Section 717.12401, Florida Statutes, is created |
75 | to read: |
76 | 717.12401 Public records exemption for personal |
77 | photographic identification.-- |
78 | (1) Personal photographic identification held by the |
79 | department pursuant to this chapter is confidential and exempt |
80 | from s. 119.07(1) and s. 24(a), Art. I of the State |
81 | Constitution. This exemption applies to personal photographic |
82 | identification held by the department before, on, or after |
83 | October 1, 2004. |
84 | (2) Nothing in this section shall be construed to prohibit |
85 | the department from providing the personal photographic |
86 | identification to any law enforcement or administrative agency |
87 | or regulatory organization. |
88 | (3) If information made confidential and exempt under this |
89 | section is offered as evidence in any administrative, civil, or |
90 | criminal proceeding, or is otherwise subject to such proceeding, |
91 | the presiding officer, in her or his discretion, may prevent the |
92 | disclosure of information which is confidential and exempt |
93 | pursuant to this section. |
94 | (4) The person receiving information which would be |
95 | confidential and exempt pursuant to this section must maintain |
96 | the confidentiality of the information so long as the |
97 | information would otherwise be confidential. |
98 | Section 3. Section 717.12402, Florida Statutes, is created |
99 | to read: |
100 | 717.12402 Public records exemption for database |
101 | subscription required to be confidential by the database |
102 | vendor.-?A database subscribed to by the department is |
103 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
104 | of the State Constitution if the database vendor requires |
105 | confidentiality. |
106 | Section 4. Subsections (5) and (6) of section 717.1301, |
107 | Florida Statutes, are amended to read: |
108 | 717.1301 Investigations; examinations; subpoenas.-- |
109 | (5) The material compiled by the department in an |
110 | investigation or examination under this chapter is confidential |
111 | until the investigation or examination is complete. The material |
112 | compiled by the department in an investigation or examination |
113 | under this chapter remains confidential after the department's |
114 | investigation or examination is complete if the department has |
115 | submitted the material or any part of it to any law enforcement |
116 | agency or other administrative agency for further investigation |
117 | or for the filing of a criminal or civil prosecution and such |
118 | investigation has not been completed or become inactive. |
119 | (5)(6) If an investigation or an examination of the |
120 | records of any person results in the disclosure of property |
121 | reportable and deliverable under this chapter, the department |
122 | may assess the cost of investigation or the examination against |
123 | the holder at the rate of $100 per day per investigator or |
124 | examiner. |
125 | Section 5. Section 717.1302, Florida Statutes, is created |
126 | to read: |
127 | 717.1302 Confidentiality of information relating to |
128 | investigations and examinations.-- |
129 | (1)(a) Except as otherwise provided by this section, |
130 | information relating to an investigation or examination by the |
131 | department, or an agent of the department, pursuant to this |
132 | chapter, including any list of holders under investigation or |
133 | examination or to be investigated or examined, is confidential |
134 | and exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
135 | Constitution until the investigation or examination is completed |
136 | or ceases to be active. The information compiled by the |
137 | department in such an investigation or examination shall remain |
138 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
139 | of the State Constitution after the department's investigation |
140 | or examination is completed or ceases to be active if the |
141 | department submits the information to any law enforcement or |
142 | administrative agency for further investigation. Such |
143 | information shall remain confidential and exempt from s. |
144 | 119.07(1) and s. 24(a), Art. I of the State Constitution until |
145 | that agency's investigation is completed or ceases to be active. |
146 | This section shall not be construed to prohibit disclosure of |
147 | information which is required by law to be filed with the |
148 | department and which, but for the investigation or examination, |
149 | would be subject to s. 119.07(1)and s. 24(a), Art. I of the |
150 | State Constitution. |
151 | (b) Except as necessary for the department to enforce the |
152 | provisions of this chapter, a consumer complaint and other |
153 | information relative to an investigation or examination shall |
154 | remain confidential and exempt from s. 119.07(1) and s. 24(a), |
155 | Art. I of the State Constitution after the investigation or |
156 | examination is completed or ceases to be active to the extent |
157 | disclosure would: |
158 | 1. Jeopardize the integrity of another active |
159 | investigation or examination. |
160 | 2. Reveal the name, address, telephone number, social |
161 | security number, or any other identifying number or information |
162 | of any complainant, customer, or account holder. |
163 | 3. Disclose the identity of a confidential source. |
164 | 4. Disclose investigative techniques or procedures. |
165 | 5. Reveal a trade secret as defined in s. 688.002. |
166 | (c) If department personnel are or have been involved in |
167 | an investigation or examination of such nature as to endanger |
168 | their lives or physical safety or that of their families, the |
169 | home addresses, telephone numbers, places of employment, and |
170 | photographs of such personnel, together with the home addresses, |
171 | telephone numbers, photographs, and places of employment of |
172 | spouses and children of such personnel and the names and |
173 | locations of schools and day care facilities attended by the |
174 | children of such personnel are confidential and exempt from s. |
175 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
176 | (d) Nothing in this section shall be construed to prohibit |
177 | the department from providing information to any law enforcement |
178 | or administrative agency. Any law enforcement or administrative |
179 | agency receiving confidential information in connection with its |
180 | official duties shall maintain the confidentiality of the |
181 | information so long as it would otherwise be confidential. |
182 | (e) All information obtained by the department from any |
183 | law enforcement or administrative agency which is only made |
184 | available to the department on a confidential or similarly |
185 | restricted basis shall be confidential and exempt from s. |
186 | 119.07(1) and s. 24(a), Art. I of the State Constitution. This |
187 | exemption shall not be construed to prohibit disclosure of |
188 | information which is required by law to be filed with the |
189 | department or which is otherwise subject to s. 119.07(1) and s. |
190 | 24(a), Art. I of the State Constitution. |
191 | (2) If information subject to subsection (1) is offered in |
192 | evidence in any administrative, civil, or criminal proceeding, |
193 | the presiding officer, in his or her discretion, may prevent the |
194 | disclosure of information which would be confidential pursuant |
195 | to paragraph (1)(b). |
196 | (3) A privilege against civil liability is granted to a |
197 | person who furnishes information or evidence to the department, |
198 | unless such person acts in bad faith or with malice in providing |
199 | such information or evidence. |
200 | Section 6. Section 717.1342, Florida Statutes, is created |
201 | to read: |
202 | 717.1342 Criminal penalties for disclosure of confidential |
203 | records.--Any person who willfully and knowingly violates s. |
204 | 717.1171 or s. 717.12401 commits a felony of the third degree, |
205 | punishable as provided in s. 775.082 or s. 775.083. |
206 | Section 7. (1) The Legislature finds that it is a public |
207 | necessity that social security numbers and financial account |
208 | numbers of apparent owners of unclaimed property which are in |
209 | the custody of the Department of Financial Services be made |
210 | confidential and exempt in order to prevent identity theft and |
211 | related crimes. The Legislature further finds that this |
212 | exemption is a public necessity in order to prevent the use of |
213 | such information in forged documents demonstrating entitlement |
214 | to unclaimed property and thereby defrauding the rightful |
215 | property owner or the State School Fund. Additionally, the |
216 | social security number is the only nationwide, unique numeric |
217 | form of identification. Release of a person's social security |
218 | number is of concern due to the amount of information such |
219 | number can provide on an individual. A social security number is |
220 | often the link to an individual's personal records, whether such |
221 | records are financial, educational, medical, or familial in |
222 | nature. |
223 | (2) The Legislature finds that it is a public necessity |
224 | that unclaimed property account dollar amounts and the number of |
225 | reported shares of stock which are in the custody of the |
226 | Department of Financial Services be made confidential and exempt |
227 | in order to prevent unclaimed property fraud and related crimes. |
228 | The Legislature further finds that this exemption is a public |
229 | necessity in order to prevent criminal elements from using such |
230 | information to identify which accounts to claim by using forged |
231 | documents demonstrating entitlement to unclaimed property, |
232 | thereby defrauding the rightful property owner or the State |
233 | School Fund. It is necessary, however, to provide access to |
234 | unclaimed property account dollar amounts and the number of |
235 | reported shares of stock to an attorney licensed to practice law |
236 | in this state, a licensed Florida-certified public accountant, a |
237 | private investigator licensed under chapter 493, Florida |
238 | Statutes, or private investigative agencies that are licensed |
239 | under chapter 493, Florida Statutes, and registered with the |
240 | department. The Legislature further finds that attorneys |
241 | licensed to practice law in this state, Florida-certified public |
242 | accountants, and private investigators and private investigative |
243 | agencies licensed under chapter 493, Florida Statutes, and |
244 | registered with the Department of Financial Services, are |
245 | subject to more stringent regulation and oversight than the |
246 | public as a whole. In addition, such professionals are the only |
247 | persons authorized to file claims on behalf of apparent owners |
248 | of unclaimed property pursuant to chapter 717, Florida Statutes. |
249 | (3) The Legislature finds that it is a public necessity |
250 | that drivers' licenses and other personal photographic |
251 | identification which are in the custody of the Department of |
252 | Financial Services be made confidential and exempt in order to |
253 | prevent identity theft and related crimes. The Legislature |
254 | further finds that this exemption is a public necessity in order |
255 | to prevent the use of such information in forged documents |
256 | demonstrating entitlement to abandoned or unclaimed property and |
257 | thereby defrauding the rightful property owner or the State |
258 | School Fund. Additionally, a driver license is the only |
259 | nationwide, unique form of identification. Release of a person's |
260 | driver license is of concern due to the ability to use the |
261 | driver license to obtain access to an individual's personal |
262 | records, whether such records are financial, educational, |
263 | medical, or familial in nature. |
264 | (4) The Legislature finds that it is a public necessity |
265 | that the Department of Financial Services use the most up-to- |
266 | date database resources to verify whether claimants are entitled |
267 | to unclaimed property and in order to prevent unclaimed property |
268 | fraud and related crimes. The Legislature further finds that |
269 | this exemption is a public necessity in order to help prevent |
270 | criminal elements from successfully using forged documents or |
271 | erroneous information demonstrating entitlement to abandoned or |
272 | unclaimed property, thereby defrauding the rightful property |
273 | owner or the State School Fund. The Legislature finds that it is |
274 | a public necessity that the department use the most current and |
275 | efficient database resources in order to determine the validity |
276 | of claims in a cost-effective manner. |
277 | (5) The Legislature finds that it is a public necessity |
278 | that information related to an open investigation or examination |
279 | by the Department of Financial Services be made confidential and |
280 | exempt until the completion of the investigation or examination |
281 | in order to protect the integrity of the investigation or |
282 | examination. The Legislature further finds that it is a public |
283 | necessity that information related to an investigation or |
284 | examination by the department be made confidential and exempt if |
285 | the department submits the information to any law enforcement or |
286 | administrative agency for further investigation in order to |
287 | protect the integrity of the law enforcement or administrative |
288 | agency investigation or examination. The Legislature further |
289 | finds that it is a public necessity that sensitive information |
290 | related to another active investigation or examination, a |
291 | complainant, a confidential source, investigative techniques or |
292 | procedures, trade secrets, and at-risk department personnel and |
293 | their families be made confidential and exempt in order to |
294 | protect the sensitive nature of the information. |
295 | Section 8. Sections 717.1171, 717.12401, 717.12402, |
296 | 717.1301, and 717.1302, Florida Statutes, are subject to the |
297 | Open Government Sunset Review Act of 1995 in accordance with s. |
298 | 119.15, Florida Statutes, and shall stand repealed on October 2, |
299 | 2009, unless reviewed and saved from repeal through reenactment |
300 | by the Legislature. |
301 | Section 9. This act shall take effect October 1, 2004, if |
302 | HB 1039 or substantially similar legislation is adopted in the |
303 | same legislative session or an extension thereof. |