Senate Bill sb0698c1

    Florida Senate - 2005                            CS for SB 698

    By the Committee on Judiciary; and Senator Sebesta





    590-1801-05

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         516.115, F.S.; creating an exemption from

  4         public records requirements for information

  5         obtained by the Office of Financial Regulation

  6         of the Financial Services Commission in

  7         connection with investigations and examinations

  8         under the Florida Consumer Finance Act;

  9         providing for future legislative review and

10         repeal; providing a statement of public

11         necessity; providing an effective date.

12  

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

14  

15         Section 1.  Section 516.115, Florida Statutes, is

16  created to read:

17         516.115  Public records exemption for investigation and

18  examination information.--

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 under this chapter, including

23  any consumer complaint, is exempt and confidential from s.

24  119.07(1) and s. 24(a), Art. I of the State Constitution until

25  the investigation or examination is completed or ceases to be

26  active.

27         (2)  The office may provide such exempt and

28  confidential information to a law enforcement agency,

29  administrative agency, or regulatory organization in the

30  furtherance of its duties and responsibilities. The law

31  enforcement agency, administrative agency, or regulatory

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    Florida Senate - 2005                            CS for SB 698
    590-1801-05




 1  organization must maintain the exempt and confidential status

 2  of the information so long as it would otherwise be

 3  confidential and exempt from public disclosure.

 4         (3)  Information made exempt and confidential under

 5  this section shall remain exempt and confidential from s.

 6  119.07(1) and s. 24(a), Art. I of the State Constitution after

 7  the office completes its investigation or examination or the

 8  investigation or examination ceases to be active to the extent

 9  disclosure would:

10         (a)  Jeopardize the integrity of another active

11  investigation.

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

13  security number, or any other identifying information of a

14  complainant, customer, or account holder.

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

16         (d)  Reveal investigative techniques or procedures.

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

18  

19  For purposes of this section, an investigation or examination

20  is active so long as the office or any law enforcement or

21  administrative agency or regulatory organization is proceeding

22  with reasonable dispatch and has a reasonable good faith

23  belief that the investigation or examination may lead to the

24  filing of an administrative, civil, or criminal proceeding or

25  to the denial or conditional grant of a license, registration,

26  or permit.

27         (4)  This section is subject to the Open Government

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

29  shall stand repealed on October 2, 2010, unless reviewed and

30  saved from repeal through reenactment by the Legislature.

31  

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    Florida Senate - 2005                            CS for SB 698
    590-1801-05




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

 2  public necessity that information held by the Office of

 3  Financial Regulation of the Financial Services Commission

 4  pursuant to an investigation or examination conducted under

 5  chapter 516, Florida Statutes, be made confidential and exempt

 6  from section 119.07(1), Florida Statutes, and Section 24(a),

 7  Article I of the State Constitution until the investigation or

 8  examination is completed or ceases to be active or, if the

 9  office submits the information to any law enforcement agency,

10  administrative agency, or regulatory organization for further

11  investigation, until that agency's or organization's

12  investigation is completed or ceases to be active. The

13  Legislature further finds that it is a public necessity that

14  information that, if released, would jeopardize the integrity

15  of another active investigation or examination; reveal the

16  name, address, telephone number, social security number, or

17  any other identifying information concerning any complainant,

18  customer, or account holder; disclose the identity of a

19  confidential source; disclose investigative techniques or

20  procedures; or reveal a trade secret as defined in section

21  688.002, Florida Statutes, remain exempt and confidential once

22  an investigation or examination is completed or ceases to be

23  active.

24         (2)  An investigation or examination conducted by the

25  office may lead to the filing of an administrative, civil, or

26  criminal proceeding or to the denial or conditionally granting

27  of a license, registration, or permit. The release of

28  investigative or examination information before the

29  investigation or examination is completed or ceases to be

30  active could jeopardize the integrity of such active

31  investigation or examination or could jeopardize the integrity

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    Florida Senate - 2005                            CS for SB 698
    590-1801-05




 1  of an active investigation or examination conducted by a law

 2  enforcement agency, administrative agency, or regulatory

 3  organization at the request of the office.

 4         (3)  Investigations and examinations conducted by the

 5  office frequently involve the gathering of personal, sensitive

 6  information concerning complainants, customers, account

 7  holders, and confidential sources. The office may not

 8  otherwise have this identifying information, including the

 9  name, address, telephone number, and social security number of

10  such persons, in its possession but for the investigation or

11  examination. Because of the sensitive nature of the

12  information gathered, the disclosure of such information could

13  cause unwarranted damage to such persons by facilitating

14  identity theft or by jeopardizing their safety.

15         (4)  Revealing investigative techniques or procedures

16  may inhibit the effective and efficient administration of the

17  office in conducting investigations or examinations.

18  Revelation of such techniques or procedures could allow a

19  person to hide or conceal violations of law that would

20  otherwise have been discovered during an investigation or

21  examination. Thus the office's ability to perform an effective

22  and efficient investigation or examination could be hindered.

23         (5)  It is sometimes necessary for the office to review

24  trade secrets as part of an ongoing investigation or

25  examination. Public disclosure of trade secrets may cause

26  injury to the affected entity in the marketplace. The release

27  of trade secrets could create an unfair competitive advantage

28  for persons receiving such information, which would adversely

29  affect the business under investigation or examination. The

30  public-records exemption for trade secrets will provide the

31  

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    Florida Senate - 2005                            CS for SB 698
    590-1801-05




 1  office with the necessary tools to perform its function while

 2  maintaining adequate confidentiality of sensitive information.

 3         Section 3.  This act shall take effect July 1, 2005.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 698

 7                                 

 8  The committee substitute makes the following changes to the
    underlying bill:
 9  
     --  Clarifies reference to which information the public
10       records exemption would apply;

11  --   Applies the exemption to records after an investigation
         or examination to the extent that disclosure would:
12       jeopardize the integrity of another active investigation;
         reveal sensitive personal information on a complainant,
13       customer, or account holder; reveal the identity of a
         confidential source; reveal investigative techniques or
14       procedures; or reveal trade secrets;

15  --   Removes a requirement that the Office of Financial
         Regulation communicate to a requesting entity the reasons
16       for denying a request for public records protected by the
         exemption created in the legislation, because s.
17       119.07(1), F.S., already requires an agency to provide
         the statutory basis of the exemption that is applicable
18       for any requested record; and

19  --   Revises the statement of public necessity, addressing
         protection for certain exempted records after an
20       examination or investigation is completed and
         reorganizing language present in the originally filed
21       bill.

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