| 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. |