HB 1715

1	A bill to be entitled
2	An act relating to public records; creating s. 559.5472,
3	F.S.; creating an exemption from public-records
4	requirements for documents produced during an
5	investigation or examination of a commercial collection
6	agency conducted by the Office of Financial Regulation;
7	creating s. 559.7261, F.S.; creating an exemption from
8	public-records requirements for documents produced during
9	an investigation or examination of a consumer collection
10	agency conducted by the office; providing for future
11	legislative review and repeal; providing findings of
12	public necessity; providing a contingent effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 559.5472, Florida Statutes, is created
17	to read:
18	559.5472  Confidentiality of information relating to
19	investigations and examinations.--
20	(1)(a)  Except as otherwise provided in this section,
21	documents made or produced in the course of an investigation or
22	examination of a commercial collection agency by the office
23	under this chapter are confidential and exempt from s. 119.07(1)
24	and s. 24(a), Art. I of the State Constitution until the
25	investigation or examination is completed or ceases to be
26	active. The documents shall remain confidential and exempt from
27	disclosure after the investigation or examination is complete or
28	ceases to be active if the office submits the documents to a law
29	enforcement agency or an administrative agency for further
30	investigation. The documents shall remain confidential and
31	exempt from disclosure until that agency's investigation is
32	complete or ceases to be active.
33	(b)  For purposes of this section, an investigation or
34	examination is considered active so long as the office, a law
35	enforcement agency, or an administrative agency is proceeding
36	with reasonable dispatch and has a good faith belief that the
37	investigation or examination may lead to the filing of an
38	administrative, civil, or criminal proceeding or to the denial
39	or conditional grant of registration. This subsection does not
40	prohibit the disclosure of information that is required by law
41	to be filed with the office and that, but for the investigation
42	or examination, would be subject to public disclosure.
43	(c)  Documents made or compiled during an investigation or
44	examination shall remain confidential and exempt from s.
45	119.07(1) and s. 24(a), Art. I of the State Constitution after
46	the investigation or examination is completed or ceases to be
47	active if disclosure of the document would:
48	1.  Jeopardize the integrity of another active
49	investigation or examination;
50	2.  Reveal the name, address, telephone number, social
51	security number, or any other identifying number or information
52	of any complainant, customer, or account holder;
53	3.  Disclose the identity of a confidential source;
54	4.  Disclose investigative or examination techniques or
55	procedures; or
56	5.  Reveal a trade secret as defined in s. 688.002.
57	(d)  If an employee of the office has been involved in an
58	investigation or examination that might endanger the employee's
59	life or physical safety or that of the employee's family, the
60	home address, telephone number, and photograph of the employee,
61	together with the home address, telephone number, photographs,
62	and places of employment of the spouse and children of the
63	employee and the names and locations of schools and day care
64	facilities attended by the children of the employee are
65	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
66	of the State Constitution.
67	(e)  This exemption does not prohibit the office from
68	providing documents to a law enforcement agency or
69	administrative agency. A law enforcement or administrative
70	agency receiving confidential information in connection with its
71	official duties shall maintain the confidentiality of the
72	information so long as that information would otherwise be
73	confidential.
74	(f)  All information obtained by the office from any source
75	which is only made available to the office on a confidential or
76	similarly restricted basis shall be confidential and exempt from
77	s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
78	This exemption does not prohibit disclosure of information that
79	is required by law to be filed with the office or is otherwise
80	subject to public disclosure.
81	(2)  If information subject to subsection (1) is offered in
82	evidence in any administrative, civil, or criminal proceeding,
83	the presiding officer may prevent the disclosure of information
84	that would be confidential under paragraph (1)(c).
85	(3)  A person who furnishes information or evidence to the
86	office is immune from civil liability unless the person acts in
87	bad faith or with malice in providing the information or
88	evidence.
89	(4)  The office may enter into an agreement with any law
90	enforcement or administrative agency to keep confidential and
91	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
92	Constitution any information furnished to the office under the
93	agreement.
94	Section 2.  Section 559.7261, Florida Statutes, is created
95	to read:
96	559.7261  Confidentiality of information relating to
97	investigations and examinations.--
98	(1)(a)  Except as otherwise provided in this section,
99	documents made or produced in the course of an investigation or
100	examination of a consumer collection agency by the office under
101	this chapter are confidential and exempt from s. 119.07(1) and
102	s. 24(a), Art. I of the State Constitution until the
103	investigation or examination is completed or ceases to be
104	active. The documents shall remain confidential and exempt from
105	disclosure after the investigation or examination is complete or
106	ceases to be active if the office submits the documents to a law
107	enforcement agency or administrative agency for further
108	investigation. The documents shall remain confidential and
109	exempt from disclosure until that agency's investigation is
110	complete or ceases to be active.
111	(b)  For purposes of this section, an investigation or
112	examination is considered active so long as the office, a law
113	enforcement agency, or an administrative agency is proceeding
114	with reasonable dispatch and has a good faith belief that the
115	investigation or examination may lead to the filing of an
116	administrative, civil, or criminal proceeding or to the denial
117	or conditional grant of registration. This subsection does not
118	prohibit the disclosure of information that is required by law
119	to be filed with the office and that, but for the investigation
120	or examination, would be subject to public disclosure.
121	(c)  Documents made or compiled during an investigation or
122	examination shall remain confidential and exempt from s.
123	119.07(1) and s. 24(a), Art. I of the State Constitution after
124	the investigation or examination is completed or ceases to be
125	active if disclosure of the document would:
126	1.  Jeopardize the integrity of another active
127	investigation or examination;
128	2.  Reveal the name, address, telephone number, social
129	security number, or any other identifying number or information
130	of any complainant, customer, or account holder;
131	3.  Disclose the identity of a confidential source;
132	4.  Disclose investigative or examination techniques or
133	procedures; or
134	5.  Reveal a trade secret as defined in s. 688.002.
135	(d)  If an employee of the office has been involved in an
136	investigation or examination that might endanger the employee's
137	life or physical safety or that of the employee's family, the
138	home address, telephone number, and photograph of the employee,
139	together with the home address, telephone number, photographs,
140	and places of employment of the spouse and children of the
141	employee and the names and locations of schools and day care
142	facilities attended by the children of the employee are
143	confidential and exempt.
144	(e)  This subsection does not prohibit the office from
145	providing documents to a law enforcement agency or
146	administrative agency. A law enforcement or administrative
147	agency receiving confidential information in connection with its
148	official duties shall maintain the confidentiality of the
149	information so long as that information would otherwise be
150	confidential.
151	(f)  All information obtained by the office from any source
152	which is only made available to the office on a confidential or
153	similarly restricted basis shall be confidential and exempt from
154	s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
155	This exemption does not prohibit disclosure of information that
156	is required by law to be filed with the office or is otherwise
157	subject to public disclosure.
158	(2)  If information subject to subsection (1) is offered in
159	evidence in any administrative, civil, or criminal proceeding,
160	the presiding officer may prevent the disclosure of information
161	that would be confidential under paragraph (1)(c).
162	(3)  A person who furnishes information or evidence to the
163	office is immune from civil liability unless the person acts in
164	bad faith or with malice in providing the information or
165	evidence.
166	(4)  The office may enter into an agreement with any law
167	enforcement or administrative agency to keep confidential and
168	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
169	Constitution any information furnished to the office under the
170	agreement.
171	Section 3.  Sections 559.5472 and 559.7261, Florida
172	Statutes, are subject to the Open Government Sunset Review Act
173	of 1995 in accordance with section 119.15, Florida Statutes, and
174	shall stand repealed on October 2, 2009, unless reviewed and
175	saved from repeal through reenactment by the Legislature.
176	Section 4.  The Legislature finds that it is a public
177	necessity that information relating to an active investigation
178	or examination of a consumer or commercial collection agency by
179	the Office of Financial Regulation be made exempt from public
180	disclosure if the information could jeopardize the integrity of
181	an active investigation. The Legislature further finds that
182	certain information relating to an investigation should remain
183	confidential even after the investigation or examination ceases
184	to be active. If the release of the document or information
185	would jeopardize the integrity of another active investigation;
186	reveal personal identifying information of a complainant,
187	customer, or account holder; disclose the identity of a
188	confidential source; or disclose investigative or examination
189	techniques or procedures, this information should continue to be
190	confidential and exempt from disclosure. This exemption will
191	preserve the integrity of the office's ongoing investigations
192	and examinations and protect the privacy of persons providing
193	information to the office. Otherwise, release of this
194	information could effectively prevent the office from performing
195	effective investigations or examinations. The Legislature also
196	finds that personal identifying information of office employees
197	should be confidential if, as a result of the investigation or
198	examination, the life or physical safety of the employee, and
199	the employee's family, would be endangered. The Legislature
200	finds that the exemption sought is narrow in that, unless
201	specified otherwise within the exemption, the information
202	resulting from an investigation or examination will become
203	public once the investigation or examination ceases to be
204	active. Moreover, the exemption applies only to information
205	arising from an investigation or examination and does not apply
206	to other information or documents received by the Office of
207	Financial Regulation.
208	Section 5.  This act shall take effect on the same date
209	that HB 1371 or similar legislation takes effect, if such
210	legislation is adopted in the same legislative session or an
211	extension thereof and becomes law.

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