Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2652
       
       
       
       
       
       
                                Barcode 246344                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Governmental Oversight and Accountability
       (Ring) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 27 - 143
    4  and insert:
    5  
    6         complaint received by the office or the Department of
    7  Financial Services, is confidential and exempt from s. 119.07(1)
    8  until the investigation or examination is completed or ceases to
    9  be active. However, the information compiled by the office in
   10  such an investigation or examination shall remain confidential
   11  and exempt from s. 119.07(1) after the office’s investigation or
   12  examination is completed or ceases to be active if the office
   13  submits the information to any law enforcement or administrative
   14  agency for further investigation. Such information shall remain
   15  confidential and exempt from s. 119.07(1) until that agency’s
   16  investigation is completed or ceases to be active. For purposes
   17  of this subsection section, an investigation or examination is
   18  shall be considered “active” if so long as the office or any law
   19  enforcement or administrative agency is proceeding with
   20  reasonable dispatch and has a reasonable good faith belief that
   21  the investigation or examination may lead to the filing of an
   22  administrative, civil, or criminal proceeding or to the denial
   23  or conditional grant of a license. This subsection does section
   24  shall not be construed to prohibit the disclosure of information
   25  that which is required by law to be filed with the office and
   26  which, but for the investigation or examination, would be
   27  subject to s. 119.07(1).
   28         (b) Except as necessary for the office to enforce the
   29  provisions of this chapter, a consumer complaint and other
   30  information relative to an investigation or examination remains
   31  shall remain confidential and exempt from s. 119.07(1) after the
   32  investigation or examination is completed or ceases to be active
   33  to the extent disclosure would:
   34         1. Jeopardize the integrity of another active investigation
   35  or examination.
   36         2. Reveal the name, address, telephone number, social
   37  security number, or any other identifying number or information
   38  of any complainant, customer, or account holder.
   39         3. Disclose the identity of a confidential source.
   40         4. Disclose investigative techniques or procedures.
   41         5. Reveal a trade secret as defined in s. 688.002.
   42         (c) If In the event that office personnel are or have been
   43  involved in an investigation or examination of such nature as to
   44  endanger their lives or physical safety or that of their
   45  families, then the home addresses, telephone numbers, places of
   46  employment, and photographs of such personnel, together with the
   47  home addresses, telephone numbers, photographs, and places of
   48  employment of spouses and children of such personnel and the
   49  names and locations of schools and day care facilities attended
   50  by the children of such personnel are confidential and exempt
   51  from s. 119.07(1).
   52         (d) Nothing in This subsection does not section shall be
   53  construed to prohibit the office from providing information to
   54  any law enforcement or administrative agency. Any law
   55  enforcement or administrative agency receiving confidential
   56  information in connection with its official duties shall
   57  maintain the confidentiality of the information if so long as it
   58  would otherwise be confidential.
   59         (e) All information obtained by the office from any person
   60  which is only made available to the office on a confidential or
   61  similarly restricted basis shall be confidential and exempt from
   62  s. 119.07(1). This exemption does not shall not be construed to
   63  prohibit disclosure of information which is required by law to
   64  be filed with the office or which is otherwise subject to s.
   65  119.07(1).
   66         (f)(2) If information subject to this subsection (1) is
   67  offered in evidence in any administrative, civil, or criminal
   68  proceeding, the presiding officer may, in her or his discretion,
   69  prevent the disclosure of information that which would be
   70  confidential pursuant to paragraph (1)(b).
   71         (g)(3) A privilege against civil liability is granted to a
   72  person who furnishes information or evidence to the office,
   73  unless such person acts in bad faith or with malice in providing
   74  such information or evidence.
   75         (2) FINANCIAL STATEMENTS.—All financial audit reports
   76  submitted pursuant to ss. 494.001-494.0077 are confidential and
   77  exempt from the requirements of s. 119.07(1), except that office
   78  employees may have access to information in the administration
   79  and enforcement of ss. 494.001-494.0077 which may be used by the
   80  office for the prosecution of violations under ss. 494.001
   81  494.0077.
   82         (3) REGISTRY.—
   83         (a) The following materials are confidential and exempt
   84  from s. 119.07(1) and s. 24(a), Art. I of the State
   85  Constitution:
   86         1. Information and material that have been placed in the
   87  registry pursuant to the requirements of other state or federal
   88  laws and not the requirements of this chapter.
   89         a. The information and material may, however, be shared by
   90  the office with any state or federal entity having oversight,
   91  regulatory, or law enforcement authority without the loss of
   92  privilege or confidentiality protections provided by federal and
   93  state laws.
   94         b. This subparagraph does not apply to information or
   95  material relating to the employment history of, and publicly
   96  adjudicated disciplinary and enforcement actions against, loan
   97  originators which is included in the registry for access by the
   98  public.
   99         2. Credit reports obtained by the office for licensing
  100  purposes.
  101         (b) This subsection is subject to the Open Government
  102  Sunset Review Act in accordance with s. 119.15 and shall stand
  103  repealed on October 2, 2014, unless reviewed and saved from
  104  repeal through reenactment by the Legislature.
  105         Section 2. Section 494.0021, Florida Statutes, is repealed.
  106         Section 3. (1) The Legislature finds that it is a public
  107  necessity that information contained in the registry which has
  108  been submitted pursuant to other state or federal laws be made
  109  confidential and exempt from public records requirements. This
  110  exemption is necessary to ensure compliance with the
  111  confidentiality requirements of the S.A.F.E. Mortgage Licensing
  112  Act of 2008 and to ensure that other state or federal laws
  113  governing confidentiality are not compromised.
  114  (2) The Legislature finds that it is a public necessity that
  115  credit reports obtained pursuant to the licensing provisions of
  116  this chapter be made confidential and exempt from public records
  117  requirements. Credit reports contain personal, financial, and
  118  identifying information. Disclosure of these reports could cause
  119  harm to the persons who are the subjects of the credit reports
  120  by facilitating identity theft and other crimes.