Senate Bill sb7072pb

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7072

    FOR CONSIDERATION 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   (PROPOSED COMMITTEE BILL)     SPB 7072
    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   (PROPOSED COMMITTEE BILL)     SPB 7072
    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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