HB 1041

1
A bill to be entitled
2An act relating to public records exemptions; creating s.
3717.1171, F.S.; exempting from public records requirements
4certain financial records held by the Department of
5Financial Services; providing exceptions; creating s.
6717.12401, F.S.; exempting from public records
7requirements certain personal photographic information
8held by the department; providing exceptions; creating s.
9717.12402, F.S.; exempting from public records
10requirements certain databases subscribed to by the
11department under certain circumstances; amending s.
12717.1301, F.S.; deleting an exemption from certain public
13records requirements for materials compiled by the
14department under an investigation or examination; creating
15s. 717.1302, F.S.; exempting from public records
16requirements certain materials compiled by the department
17relating to investigations or examinations; providing
18exceptions; creating s. 717.1342, F.S.; providing criminal
19penalties for disclosure of confidential records;
20providing findings of public necessity; providing for
21future legislative review and repeal; providing a
22contingent effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Section 717.1171, Florida Statutes, is created
27to read:
28     717.1171  Public records exemption for social security
29numbers, unclaimed property account dollar amounts, the number
30of reported shares of stock, and financial account numbers.--
31     (1)  Social security numbers, unclaimed property account
32dollar amounts, the number of reported shares of stock, and
33financial account numbers held by the department are
34confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
35of the State Constitution. Notwithstanding this exemption,
36unclaimed property account dollar amounts and the number of
37reported shares of stock shall be released to an attorney
38licensed to practice law in this state, a licensed Florida-
39certified public accountant, or a private investigator licensed
40under chapter 493, and registered with the department under this
41chapter. Notwithstanding this exemption, social security
42numbers, unclaimed property account dollar amounts, the number
43of reported shares of stock, and financial account numbers held
44by the department may be provided to another agency in the
45furtherance of that agency's duties and responsibilities, or an
46employee of such agency. The receiving person or agency, other
47than the person entitled to the unclaimed property, must
48maintain the confidential and exempt status of such information.
49This exemption applies to social security numbers, unclaimed
50property account dollar amounts, the number of reported shares
51of stock, and financial account numbers held by the department
52before, on, or after October 1, 2004.
53     (2)  If information made confidential and exempt under this
54section is offered as evidence in any administrative, civil, or
55criminal proceeding, or is otherwise subject to such proceeding,
56the presiding officer, in her or his discretion, may prevent the
57disclosure of information which is confidential and exempt
58pursuant to this section.
59     (3)  An attorney licensed to practice law in this state, a
60licensed Florida-certified public accountant, or a private
61investigator licensed under chapter 493, and registered with the
62department under this chapter, or an employee thereof, may
63disclose in good faith unclaimed property account dollar amounts
64and the number of reported shares of stock to a person who is
65believed by the attorney, accountant, or investigator, or an
66employee thereof, to be entitled to the unclaimed property.
67     (4)  The department, or an employee of the department, may
68disclose in good faith unclaimed property account dollar amounts
69and the number of reported shares of stock to a person who is
70believed by the department, or an employee of the department, to
71be entitled to the unclaimed property.
72     (5)  This section does not supersede the licensing
73requirements of chapter 493.
74     Section 2.  Section 717.12401, Florida Statutes, is created
75to read:
76     717.12401  Public records exemption for personal
77photographic identification.--
78     (1)  Personal photographic identification held by the
79department pursuant to this chapter is confidential and exempt
80from s. 119.07(1) and s. 24(a), Art. I of the State
81Constitution. This exemption applies to personal photographic
82identification held by the department before, on, or after
83October 1, 2004.
84     (2)  Nothing in this section shall be construed to prohibit
85the department from providing the personal photographic
86identification to any law enforcement or administrative agency
87or regulatory organization.
88     (3)  If information made confidential and exempt under this
89section is offered as evidence in any administrative, civil, or
90criminal proceeding, or is otherwise subject to such proceeding,
91the presiding officer, in her or his discretion, may prevent the
92disclosure of information which is confidential and exempt
93pursuant to this section.
94     (4)  The person receiving information which would be
95confidential and exempt pursuant to this section must maintain
96the confidentiality of the information so long as the
97information would otherwise be confidential.
98     Section 3.  Section 717.12402, Florida Statutes, is created
99to read:
100     717.12402  Public records exemption for database
101subscription required to be confidential by the database
102vendor.-?A database subscribed to by the department is
103confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
104of the State Constitution if the database vendor requires
105confidentiality.
106     Section 4.  Subsections (5) and (6) of section 717.1301,
107Florida Statutes, are amended to read:
108     717.1301  Investigations; examinations; subpoenas.--
109     (5)  The material compiled by the department in an
110investigation or examination under this chapter is confidential
111until the investigation or examination is complete. The material
112compiled by the department in an investigation or examination
113under this chapter remains confidential after the department's
114investigation or examination is complete if the department has
115submitted the material or any part of it to any law enforcement
116agency or other administrative agency for further investigation
117or for the filing of a criminal or civil prosecution and such
118investigation has not been completed or become inactive.
119     (5)(6)  If an investigation or an examination of the
120records of any person results in the disclosure of property
121reportable and deliverable under this chapter, the department
122may assess the cost of investigation or the examination against
123the holder at the rate of $100 per day per investigator or
124examiner.
125     Section 5.  Section 717.1302, Florida Statutes, is created
126to read:
127     717.1302  Confidentiality of information relating to
128investigations and examinations.--
129     (1)(a)  Except as otherwise provided by this section,
130information relating to an investigation or examination by the
131department, or an agent of the department, pursuant to this
132chapter, including any list of holders under investigation or
133examination or to be investigated or examined, is confidential
134and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
135Constitution until the investigation or examination is completed
136or ceases to be active. The information compiled by the
137department in such an investigation or examination shall remain
138confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
139of the State Constitution after the department's investigation
140or examination is completed or ceases to be active if the
141department submits the information to any law enforcement or
142administrative agency for further investigation. Such
143information shall remain confidential and exempt from s.
144119.07(1) and s. 24(a), Art. I of the State Constitution until
145that agency's investigation is completed or ceases to be active.
146This section shall not be construed to prohibit disclosure of
147information which is required by law to be filed with the
148department and which, but for the investigation or examination,
149would be subject to s. 119.07(1)and s. 24(a), Art. I of the
150State Constitution.
151     (b)  Except as necessary for the department to enforce the
152provisions of this chapter, a consumer complaint and other
153information relative to an investigation or examination shall
154remain confidential and exempt from s. 119.07(1) and s. 24(a),
155Art. I of the State Constitution after the investigation or
156examination is completed or ceases to be active to the extent
157disclosure would:
158     1.  Jeopardize the integrity of another active
159investigation or examination.
160     2.  Reveal the name, address, telephone number, social
161security number, or any other identifying number or information
162of 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
167an investigation or examination of such nature as to endanger
168their lives or physical safety or that of their families, the
169home addresses, telephone numbers, places of employment, and
170photographs of such personnel, together with the home addresses,
171telephone numbers, photographs, and places of employment of
172spouses and children of such personnel and the names and
173locations of schools and day care facilities attended by the
174children of such personnel are confidential and exempt from s.
175119.07(1) and s. 24(a), Art. I of the State Constitution.
176     (d)  Nothing in this section shall be construed to prohibit
177the department from providing information to any law enforcement
178or administrative agency. Any law enforcement or administrative
179agency receiving confidential information in connection with its
180official duties shall maintain the confidentiality of the
181information so long as it would otherwise be confidential.
182     (e)  All information obtained by the department from any
183law enforcement or administrative agency which is only made
184available to the department on a confidential or similarly
185restricted basis shall be confidential and exempt from s.
186119.07(1) and s. 24(a), Art. I of the State Constitution. This
187exemption shall not be construed to prohibit disclosure of
188information which is required by law to be filed with the
189department or which is otherwise subject to s. 119.07(1) and s.
19024(a), Art. I of the State Constitution.
191     (2)  If information subject to subsection (1) is offered in
192evidence in any administrative, civil, or criminal proceeding,
193the presiding officer, in his or her discretion, may prevent the
194disclosure of information which would be confidential pursuant
195to paragraph (1)(b).
196     (3)  A privilege against civil liability is granted to a
197person who furnishes information or evidence to the department,
198unless such person acts in bad faith or with malice in providing
199such information or evidence.
200     Section 6.  Section 717.1342, Florida Statutes, is created
201to read:
202     717.1342  Criminal penalties for disclosure of confidential
203records.--Any person who willfully and knowingly violates s.
204717.1171 or s. 717.12401 commits a felony of the third degree,
205punishable as provided in s. 775.082 or s. 775.083.
206     Section 7.  (1)  The Legislature finds that it is a public
207necessity that social security numbers and financial account
208numbers of apparent owners of unclaimed property which are in
209the custody of the Department of Financial Services be made
210confidential and exempt in order to prevent identity theft and
211related crimes. The Legislature further finds that this
212exemption is a public necessity in order to prevent the use of
213such information in forged documents demonstrating entitlement
214to unclaimed property and thereby defrauding the rightful
215property owner or the State School Fund. Additionally, the
216social security number is the only nationwide, unique numeric
217form of identification. Release of a person's social security
218number is of concern due to the amount of information such
219number can provide on an individual. A social security number is
220often the link to an individual's personal records, whether such
221records are financial, educational, medical, or familial in
222nature.
223     (2)  The Legislature finds that it is a public necessity
224that unclaimed property account dollar amounts and the number of
225reported shares of stock which are in the custody of the
226Department of Financial Services be made confidential and exempt
227in order to prevent unclaimed property fraud and related crimes.
228The Legislature further finds that this exemption is a public
229necessity in order to prevent criminal elements from using such
230information to identify which accounts to claim by using forged
231documents demonstrating entitlement to unclaimed property,
232thereby defrauding the rightful property owner or the State
233School Fund. It is necessary, however, to provide access to
234unclaimed property account dollar amounts and the number of
235reported shares of stock to an attorney licensed to practice law
236in this state, a licensed Florida-certified public accountant, a
237private investigator licensed under chapter 493, Florida
238Statutes, or private investigative agencies that are licensed
239under chapter 493, Florida Statutes, and registered with the
240department. The Legislature further finds that attorneys
241licensed to practice law in this state, Florida-certified public
242accountants, and private investigators and private investigative
243agencies licensed under chapter 493, Florida Statutes, and
244registered with the Department of Financial Services, are
245subject to more stringent regulation and oversight than the
246public as a whole. In addition, such professionals are the only
247persons authorized to file claims on behalf of apparent owners
248of unclaimed property pursuant to chapter 717, Florida Statutes.
249     (3)  The Legislature finds that it is a public necessity
250that drivers' licenses and other personal photographic
251identification which are in the custody of the Department of
252Financial Services be made confidential and exempt in order to
253prevent identity theft and related crimes. The Legislature
254further finds that this exemption is a public necessity in order
255to prevent the use of such information in forged documents
256demonstrating entitlement to abandoned or unclaimed property and
257thereby defrauding the rightful property owner or the State
258School Fund. Additionally, a driver license is the only
259nationwide, unique form of identification. Release of a person's
260driver license is of concern due to the ability to use the
261driver license to obtain access to an individual's personal
262records, whether such records are financial, educational,
263medical, or familial in nature.
264     (4)  The Legislature finds that it is a public necessity
265that the Department of Financial Services use the most up-to-
266date database resources to verify whether claimants are entitled
267to unclaimed property and in order to prevent unclaimed property
268fraud and related crimes. The Legislature further finds that
269this exemption is a public necessity in order to help prevent
270criminal elements from successfully using forged documents or
271erroneous information demonstrating entitlement to abandoned or
272unclaimed property, thereby defrauding the rightful property
273owner or the State School Fund. The Legislature finds that it is
274a public necessity that the department use the most current and
275efficient database resources in order to determine the validity
276of claims in a cost-effective manner.
277     (5)  The Legislature finds that it is a public necessity
278that information related to an open investigation or examination
279by the Department of Financial Services be made confidential and
280exempt until the completion of the investigation or examination
281in order to protect the integrity of the investigation or
282examination. The Legislature further finds that it is a public
283necessity that information related to an investigation or
284examination by the department be made confidential and exempt if
285the department submits the information to any law enforcement or
286administrative agency for further investigation in order to
287protect the integrity of the law enforcement or administrative
288agency investigation or examination. The Legislature further
289finds that it is a public necessity that sensitive information
290related to another active investigation or examination, a
291complainant, a confidential source, investigative techniques or
292procedures, trade secrets, and at-risk department personnel and
293their families be made confidential and exempt in order to
294protect the sensitive nature of the information.
295     Section 8.  Sections 717.1171, 717.12401, 717.12402,
296717.1301, and 717.1302, Florida Statutes, are subject to the
297Open Government Sunset Review Act of 1995 in accordance with s.
298119.15, Florida Statutes, and shall stand repealed on October 2,
2992009, unless reviewed and saved from repeal through reenactment
300by the Legislature.
301     Section 9.  This act shall take effect October 1, 2004, if
302HB 1039 or substantially similar legislation is adopted in the
303same legislative session or an extension thereof.


CODING: Words stricken are deletions; words underlined are additions.