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A bill to be entitled

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An act relating to public records; amending s. 633.111,

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F.S; providing an exemption from public records

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requirements for papers, documents, reports, or

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evidence relative to the subject of investigations

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conducted by the State Fire Marshal; providing for

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future legislative review and repeal; providing a

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statement of public necessity; providing an effective

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date.

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

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     Section 1.  Section 633.111, Florida Statutes, is amended to

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read:

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     (Substantial rewording of section. See

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     s. 633.111, F.S., for current text.)

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     633.111 State Fire Marshal records of investigations;

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public records exemption.--

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     (1) The State Fire Marshal's papers, documents, reports, or

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evidence relative to the subject of an investigation under this

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section are confidential and exempt from the provisions of s.

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

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such investigation is completed or ceases to be active. For

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purposes of this subsection, an investigation is considered

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"active" while the investigation is being conducted by the office

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or department with a reasonable, good faith belief that it could

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lead to the filing of administrative, civil, or criminal

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proceedings. An investigation does not cease to be active if the

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office or department is proceeding with reasonable dispatch and

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has a good faith belief that action could be initiated by the

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department or other administrative or law enforcement agency.

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After an investigation is completed or ceases to be active,

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portions of records relating to the investigation shall remain

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

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of the State Constitution if disclosure would:

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     (a) Jeopardize the integrity of another active

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investigation;

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     (b) Impair the safety and soundness of an insurer;

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     (c) Reveal personal financial information;

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     (d) Reveal the identity of a confidential source;

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     (e) Defame or cause unwarranted damage to the good name or

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reputation of an individual or jeopardize the safety of an

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individual; or

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     (f) Reveal investigative techniques or procedures.

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     (2) This section is subject to the Open Government Sunset

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Review Act in accordance with s. 119.15 and shall stand repealed

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on October 2, 2013, unless reviewed and saved from repeal through

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reenactment by the Legislature.

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

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necessity that information received or created during an

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investigation conducted by the Department of Financial Services

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pursuant to chapter 633, Florida Statutes, be made confidential

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and exempt from disclosure until the investigation is completed

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or ceases to be active or, if the department submits the

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information to any law enforcement, administrative agency, or

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regulatory organization for further investigation, until that

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agency's or organization's investigation, inspection, or

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examination is completed or ceases to be active, in order to

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protect the integrity of such investigations. An investigation

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may lead to filing an administrative, civil, or criminal

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proceeding or to denying or conditionally granting a license,

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registration, or permit. The public necessity exists to the

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extent disclosure might jeopardize the integrity of another

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active investigation, reveal the name, address, telephone number,

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social security number, or any other identifying information of

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any complainant, consumer, or confidential source; disclose

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investigative techniques or procedures; reveal a trade secret as

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defined in s. 688.002, Florida Statutes; or reveal proprietary

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business information.

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     (2) The Legislature further finds that it is a public

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necessity that information received during an investigation

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conducted by the department pursuant to chapter 633, Florida

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Statutes, that would jeopardize the integrity of another active

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investigation, be made confidential and exempt from disclosure at

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all times.

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     (3) The Legislature finds that it is a public necessity

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that information received from an insurer during an investigation

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conducted by the department pursuant to chapter 633, Florida

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Statutes, that would impair the safety and soundness of the

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insurer be made confidential and exempt from disclosure at all

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times.

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     (4) Investigations by the department frequently involve the

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gathering of personal, sensitive information concerning

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individuals, such as complainants, consumers, or other

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confidential sources. The department may not otherwise have this

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information in its possession but for the investigation. The

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Legislature finds that due to the sensitive nature of such

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information, it is a public necessity that the information not be

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made available to the public. If disclosed, such information may

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cause unwarranted damage to such persons by facilitating identity

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theft or jeopardizing the safety of such individuals.

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     (5) The Legislature further finds that it is a public

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necessity that the identity of a confidential informant received

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during an investigation conducted by the department pursuant to

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chapter 633, Florida Statutes, be made confidential and exempt

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from disclosure at all times.

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     (6) The Legislature further finds that it is a public

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necessity that information received during an investigation

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conducted by the department pursuant to chapter 633, Florida

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Statutes, that would defame or cause unwarranted damage to the

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good name or reputation of an individual, or jeopardize the

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safety of an individual, be made confidential and exempt from

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disclosure at all times.

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     (7) The Legislature further finds that it is a public

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necessity that the department's investigative techniques or

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procedures be made confidential and exempt from disclosure at all

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times. Revelation of such techniques or procedures may inhibit

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the effective and efficient administration of the department to

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conduct investigations and allow a person to hide or conceal

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violations of law that would have otherwise been discovered

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during an investigation. As such, the department's ability to

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perform an effective investigation may be hindered.

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     Section 3.  This act shall take effect on the same date that

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House Bill 1041 or similar legislation takes effect, if such

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legislation is adopted in the same legislative session or an

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extension thereof and becomes law.