Senate Bill sb1584
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Florida Senate - 2006 SB 1584
By the Committee on Banking and Insurance
597-1099A-06
1 A bill to be entitled
2 An act relating to public records; amending s.
3 560.4041, F.S.; providing a public-records
4 exemption for information contained in the
5 database maintained by the Office of Financial
6 Regulation for deferred presentment providers
7 which identifies or is specific to a particular
8 drawer or deferred presentment provider;
9 authorizing a court to order access to such
10 information upon a showing of good cause;
11 providing for future review and repeal of the
12 exemption under the Open Government Sunset
13 Review Act; providing a statement of public
14 necessity; providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 560.4041, Florida Statutes, is
19 amended to read:
20 560.4041 Database for deferred presentment providers;
21 public records exemption.--The identifying information
22 contained in the database for deferred presentment providers,
23 which is authorized under s. 560.404, and which identifies, or
24 is specific to, a drawer or deferred presentment provider is
25 confidential and exempt from s. 119.07(1), and s. 24(a), Art.
26 I of the State Constitution. However, a deferred presentment
27 provider may access information that it has entered into the
28 database and may obtain an eligibility determination for a
29 particular person based on information in the database. A
30 court, upon a showing of good cause, may issue an order
31 authorizing any person to view or copy information contained
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Florida Senate - 2006 SB 1584
597-1099A-06
1 in the database., except that the identifying information in
2 the database may be accessed by deferred presentment providers
3 to verify whether any deferred presentment transactions are
4 outstanding for a particular person and by the office for the
5 purpose of maintaining the database. This section is subject
6 to the Open Government Sunset Review Act of 1995 in accordance
7 with s. 119.15, and shall stand repealed on October 2, 2011
8 2006, unless reviewed and saved from repeal through
9 reenactment by the Legislature.
10 Section 2. The Legislature finds that it is a public
11 necessity that information that identifies, or is specific to,
12 a particular "drawer," or person who enters into a deferred
13 presentment transaction, be confidential and exempt from the
14 public-records requirements due to the need to prevent
15 identity theft and related crimes of fraud, and that making
16 such identifying information available would be an unwarranted
17 invasion of the privacy of the individual. The Legislature
18 further finds that information that identifies, or is specific
19 to, a particular deferred presentment provider be confidential
20 and exempt from the public-records requirements because such
21 information constitutes proprietary business information that
22 is of value to a deferred presentment provider and would
23 provide a competitive disadvantage if disclosed to another
24 provider.
25 Section 3. This act shall take effect October 1, 2006.
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Florida Senate - 2006 SB 1584
597-1099A-06
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2 SENATE SUMMARY
3 Provides an exemption from public-records requirements
for information contained in the database maintained by
4 the Office of Financial Regulation for deferred
presentment providers which identifies particular drawers
5 or deferred presentment providers. Provides for a court
to authorize access. Provides for future review and
6 repeal of the exemption under the Open Government Sunset
Review Act.
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