Senate Bill sb2428c1

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    Florida Senate - 2004                           CS for SB 2428

    By the Committee on Banking and Insurance; and Senator Crist





    311-2249-04

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         559.5472, F.S.; creating an exemption from

  4         public-records requirements for documents

  5         produced during an investigation or examination

  6         of a commercial collection agency or consumer

  7         collection agency conducted by the Office of

  8         Financial Regulation; providing for future

  9         legislative review and repeal; providing a

10         statement of public necessity; providing a

11         contingent effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 559.5472, Florida Statutes, is

16  created to read:

17         559.5472  Confidentiality of information relating to

18  investigations and examinations.--

19         (1)  Except as otherwise provided by this section,

20  information received or created during an investigation or

21  examination by the Office of Financial Regulation of the

22  Financial Services Commission pursuant to part V or part VI of

23  this chapter, including any consumer complaint, is

24  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

25  of the State Constitution until the investigation or

26  examination is completed or ceases to be active.

27         (2)  The office may provide such confidential and

28  exempt information to a law enforcement agency, administrative

29  agency, or regulatory organization in the furtherance of its

30  duties and responsibilities. The law enforcement agency,

31  administrative agency, or regulatory organization must

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    Florida Senate - 2004                           CS for SB 2428
    311-2249-04




 1  maintain the confidential and exempt status of the information

 2  so long as it would otherwise be confidential and exempt from

 3  disclosure.

 4         (3)  If such confidential and exempt information is

 5  offered into evidence in any administrative, civil, or

 6  criminal proceeding, the presiding officer may, in her or his

 7  discretion, prevent the disclosure of such information.

 8         (4)  Such information shall remain confidential and

 9  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

10  Constitution until after the office completes its

11  investigation or examination or the investigation or

12  examination ceases to be active to the extent disclosure

13  would:

14         (a)  Jeopardize the integrity of another active

15  investigation.

16         (b)  Reveal the name, address, telephone number, social

17  security number, or any other identifying information of a

18  complainant, customer, or account holder.

19         (c)  Reveal the identity of a confidential source.

20         (d)  Reveal investigative techniques or procedures.

21         (e)  Reveal a trade secret as defined in s. 688.002.

22         (f)  Reveal proprietary business information obtained

23  by the office from any person which is only made available to

24  the office on a confidential or similarly restricted basis.

25  

26  For purposes of this section, an investigation or examination

27  shall be considered "active" so long as the office or any law

28  enforcement or administrative agency or regulatory

29  organization is proceeding with reasonable dispatch and has a

30  reasonable good faith belief that the investigation or

31  examination may lead to the filing of an administrative,

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    Florida Senate - 2004                           CS for SB 2428
    311-2249-04




 1  civil, or criminal proceeding or to the denial or conditional

 2  grant of a license, registration, or permit.

 3         (5)  This exemption does not prohibit disclosure of

 4  information that is required by law to be filed with the

 5  office or that is otherwise subject to s. 119.07(1) and s.

 6  24(a), Art. I of the State Constitution.

 7         (6)  This section is subject to the Open Government

 8  Sunset Review Act of 1995 in accordance with s. 119.15, and

 9  shall stand repealed on October 2, 2009, unless reviewed and

10  saved from repeal through reenactment by the Legislature.

11         Section 2.  (1)  The Legislature finds that it is a

12  public necessity that information received or created during

13  an investigation or examination conducted by the Office of

14  Financial Regulation of the Financial Services Commission

15  pursuant to part V or part VI of chapter 559, Florida

16  Statutes, including any consumer complaint, be confidential

17  and exempt from section 119.07(1), Florida Statutes, and

18  Section 24(a) of Article I of the State Constitution until the

19  investigation or examination is completed or ceases to be

20  active or if the office submits the information to any law

21  enforcement or administrative agency or regulatory

22  organization for further investigation and that agency's or

23  organization's investigation is completed or ceases to be

24  active, in order to protect the integrity of such

25  investigations or examinations. An investigation or

26  examination may lead to filing an administrative, civil, or

27  criminal proceeding or to denying or conditionally granting a

28  license, registration, or permit. The public necessity exists

29  to the extent disclosure might jeopardize the integrity of

30  another active investigation or examination; reveal the name,

31  address, telephone number, social security number, or any

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    Florida Senate - 2004                           CS for SB 2428
    311-2249-04




 1  other identifying information of any complainant, customer, or

 2  account holder; disclose the identity of a confidential

 3  source; disclose investigative techniques or procedures;

 4  reveal a trade secret as defined in section 688.002, Florida

 5  Statutes; or reveal proprietary business information.

 6         (2)  Examinations and investigations by the office

 7  frequently involve the gathering of personal, sensitive

 8  information concerning individuals, such as complainants,

 9  customers, account holders, or other confidential sources. The

10  office may not otherwise have this information in its

11  possession but for the examination or investigation. Because

12  of the sensitive nature of the information gathered, the

13  information should not be made available to the public. If

14  disclosed, this information may cause unwarranted damage to

15  such persons by facilitating identity theft or jeopardizing

16  the safety of such individuals.

17         (3)  Revealing investigative techniques or procedures

18  may inhibit the effective and efficient administration of the

19  office to conduct investigations. Revelation of such

20  techniques or procedures could allow a person to hide or

21  conceal violations of law that would have otherwise been

22  discovered during and examination or investigation. As such,

23  the office's ability to perform an effective investigation or

24  examination may be hindered.

25         (4)  Proprietary information or trade secrets are on

26  occasion necessary for the office to review as part of an

27  ongoing examination or investigation. Disclosure of such

28  information to the public may cause injury to the affected

29  entity in the marketplace if revealed. Providing the

30  confidentiality will provide the office with the necessary

31  

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    Florida Senate - 2004                           CS for SB 2428
    311-2249-04




 1  tool to perform its function while maintaining adequate

 2  protection for the affected business.

 3         Section 3.  This act shall take effect July 1, 2004, if

 4  SB 2430, or substantially similar legislation, is adopted in

 5  the same legislative session or an extension thereof and

 6  becomes law.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 2428

10                                 

11  Eliminates a provision which would have authorized the Office
    of Financial Regulation (OFR) to make certain information
12  identifying OFR personnel involved in an investigation or
    examination exempt and confidential from s. 119.07(1), F.S.,
13  and s.24(a), Art. I of the State Constitution, if the OFR
    determines that such involvement would endanger the lives or
14  physical safety of the personnel or their families.

15  Eliminates an immunity from civil liability to a person who
    furnishes information to the OFR, unless such person act in
16  bad faith or with malice in providing such information.

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