| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 633.111, |
| 3 | F.S; providing an exemption from public records |
| 4 | requirements for papers, documents, reports, or evidence |
| 5 | relative to the subject of investigations conducted by the |
| 6 | State Fire Marshal; providing for future legislative |
| 7 | review and repeal; providing a statement of public |
| 8 | necessity; providing a contingent effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 633.111, Florida Statutes, is amended |
| 13 | to read: |
| 14 | (Substantial rewording of section. See |
| 15 | s. 633.111, F.S., for current text.) |
| 16 | 633.111 State Fire Marshal records of investigations; |
| 17 | public records exemption.-- |
| 18 | (1) The State Fire Marshal's papers, documents, reports, |
| 19 | or evidence relative to the subject of an investigation under |
| 20 | this section are confidential and exempt from the provisions of |
| 21 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution |
| 22 | until such investigation is completed or ceases to be active. |
| 23 | For purposes of this subsection, an investigation is considered |
| 24 | "active" while the investigation is being conducted by the |
| 25 | office or department with a reasonable, good faith belief that |
| 26 | it could lead to the filing of administrative, civil, or |
| 27 | criminal proceedings. An investigation does not cease to be |
| 28 | active if the office or department is proceeding with reasonable |
| 29 | dispatch and has a good faith belief that action could be |
| 30 | initiated by the department or other administrative or law |
| 31 | enforcement agency. After an investigation is completed or |
| 32 | ceases to be active, portions of records relating to the |
| 33 | investigation shall remain exempt from the provisions of s. |
| 34 | 119.07(1) and s. 24(a), Art. I of the State Constitution if |
| 35 | disclosure would: |
| 36 | (a) Jeopardize the integrity of another active |
| 37 | investigation; |
| 38 | (b) Impair the safety and soundness of an insurer; |
| 39 | (c) Reveal personal financial information; |
| 40 | (d) Reveal the identity of a confidential source; |
| 41 | (e) Defame or cause unwarranted damage to the good name or |
| 42 | reputation of an individual or jeopardize the safety of an |
| 43 | individual; or |
| 44 | (f) Reveal investigative techniques or procedures. |
| 45 | (2) This section is subject to the Open Government Sunset |
| 46 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 47 | on October 2, 2013, unless reviewed and saved from repeal |
| 48 | through reenactment by the Legislature. |
| 49 | Section 2. (1) The Legislature finds that it is a public |
| 50 | necessity that information received or created during an |
| 51 | investigation conducted by the Department of Financial Services |
| 52 | pursuant to chapter 633, Florida Statutes, be made confidential |
| 53 | and exempt from disclosure until the investigation is completed |
| 54 | or ceases to be active or, if the department submits the |
| 55 | information to any law enforcement, administrative agency, or |
| 56 | regulatory organization for further investigation, until that |
| 57 | agency's or organization's investigation, inspection, or |
| 58 | examination is completed or ceases to be active, in order to |
| 59 | protect the integrity of such investigations. An investigation |
| 60 | may lead to filing an administrative, civil, or criminal |
| 61 | proceeding or to denying or conditionally granting a license, |
| 62 | registration, or permit. The public necessity exists to the |
| 63 | extent disclosure might jeopardize the integrity of another |
| 64 | active investigation, reveal the name, address, telephone |
| 65 | number, social security number, or any other identifying |
| 66 | information of any complainant, consumer, or confidential |
| 67 | source; disclose investigative techniques or procedures; reveal |
| 68 | a trade secret as defined in s. 688.002, Florida Statutes; or |
| 69 | reveal proprietary business information. |
| 70 | (2) The Legislature further finds that it is a public |
| 71 | necessity that information received during an investigation |
| 72 | conducted by the department pursuant to chapter 633, Florida |
| 73 | Statutes, that would jeopardize the integrity of another active |
| 74 | investigation, be made confidential and exempt from disclosure |
| 75 | at all times. |
| 76 | (3) The Legislature finds that it is a public necessity |
| 77 | that information received from an insurer during an |
| 78 | investigation conducted by the department pursuant to chapter |
| 79 | 633, Florida Statutes, that would impair the safety and |
| 80 | soundness of the insurer be made confidential and exempt from |
| 81 | disclosure at all times. |
| 82 | (4) Investigations by the department frequently involve |
| 83 | the gathering of personal, sensitive information concerning |
| 84 | individuals, such as complainants, consumers, or other |
| 85 | confidential sources. The department may not otherwise have this |
| 86 | information in its possession but for the investigation. The |
| 87 | Legislature finds that due to the sensitive nature of such |
| 88 | information, it is a public necessity that the information not |
| 89 | be made available to the public. If disclosed, such information |
| 90 | may cause unwarranted damage to such persons by facilitating |
| 91 | identity theft or jeopardizing the safety of such individuals. |
| 92 | (5) The Legislature further finds that it is a public |
| 93 | necessity that the identity of a confidential informant received |
| 94 | during an investigation conducted by the department pursuant to |
| 95 | chapter 633, Florida Statutes, be made confidential and exempt |
| 96 | from disclosure at all times. |
| 97 | (6) The Legislature further finds that it is a public |
| 98 | necessity that information received during an investigation |
| 99 | conducted by the department pursuant to chapter 633, Florida |
| 100 | Statutes, that would defame or cause unwarranted damage to the |
| 101 | good name or reputation of an individual, or jeopardize the |
| 102 | safety of an individual, be made confidential and exempt from |
| 103 | disclosure at all times. |
| 104 | (7) The Legislature further finds that it is a public |
| 105 | necessity that the department's investigative techniques or |
| 106 | procedures be made confidential and exempt from disclosure at |
| 107 | all times. Revelation of such techniques or procedures may |
| 108 | inhibit the effective and efficient administration of the |
| 109 | department to conduct investigations and allow a person to hide |
| 110 | or conceal violations of law that would have otherwise been |
| 111 | discovered during an investigation. As such, the department's |
| 112 | ability to perform an effective investigation may be hindered. |
| 113 | Section 3. This act shall take effect on the same date |
| 114 | that House Bill 1041 or similar legislation takes effect, if |
| 115 | such legislation is adopted in the same legislative session or |
| 116 | an extension thereof and becomes law. |