Florida Senate - 2009                                    SB 2652
       
       
       
       By Senator Fasano
       
       
       
       
       11-02234-09                                           20092652__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         494.00125, F.S.; providing a public-records exemption
    4         for information obtained by the Office of Financial
    5         Regulation from the Nationwide Mortgage Licensing
    6         System and Registry which is confidential under
    7         federal or other state law; providing an exemption for
    8         credit reports obtained by the office for licensing
    9         purposes; providing for future legislative review and
   10         repeal of the exemption under the Open Government
   11         Sunset Review Act; repealing s. 494.0021, F.S.,
   12         relating to financial statements, to conform to
   13         changes made by the act; providing a statement of
   14         public necessity; providing a contingent effective
   15         date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 494.00125, Florida Statutes, is amended
   20  to read:
   21         494.00125 Confidentiality of public records held by the
   22  office information relating to investigations and examinations.—
   23         (1) INVESTIGATIONS OR EXAMINATIONS.—
   24         (a) Except as otherwise provided by this subsection
   25  section, information relative to an investigation or examination
   26  by the office pursuant to this chapter, including any consumer
   27  complaint received by the office or the commission Department of
   28  Financial Services, is confidential and exempt from s. 119.07(1)
   29  until the investigation or examination is completed or ceases to
   30  be active. However, the information compiled by the office in
   31  such an investigation or examination shall remain confidential
   32  and exempt from s. 119.07(1) after the office’s investigation or
   33  examination is completed or ceases to be active if the office
   34  submits the information to any law enforcement or administrative
   35  agency for further investigation. Such information shall remain
   36  confidential and exempt from s. 119.07(1) until that agency’s
   37  investigation is completed or ceases to be active. For purposes
   38  of this subsection section, an investigation or examination is
   39  shall be considered active if so long as the office or any law
   40  enforcement or administrative agency is proceeding with
   41  reasonable dispatch and has a reasonable good faith belief that
   42  the investigation or examination may lead to the filing of an
   43  administrative, civil, or criminal proceeding or to the denial
   44  or conditional grant of a license. This subsection does section
   45  shall not be construed to prohibit the disclosure of information
   46  which is required by law to be filed with the office and which,
   47  but for the investigation or examination, would be subject to s.
   48  119.07(1).
   49         (b) Except as necessary for the office to enforce the
   50  provisions of this chapter, a consumer complaint and other
   51  information relative to an investigation or examination remains
   52  shall remain confidential and exempt from s. 119.07(1) after the
   53  investigation or examination is completed or ceases to be active
   54  to the extent disclosure would:
   55         1. Jeopardize the integrity of another active investigation
   56  or examination.
   57         2. Reveal the name, address, telephone number, social
   58  security number, or any other identifying number or information
   59  of any complainant, customer, or account holder.
   60         3. Disclose the identity of a confidential source.
   61         4. Disclose investigative techniques or procedures.
   62         5. Reveal a trade secret as defined in s. 688.002.
   63         (c) If In the event that office personnel are or have been
   64  involved in an investigation or examination of such nature as to
   65  endanger their lives or physical safety or that of their
   66  families, then the home addresses, telephone numbers, places of
   67  employment, and photographs of such personnel, together with the
   68  home addresses, telephone numbers, photographs, and places of
   69  employment of spouses and children of such personnel and the
   70  names and locations of schools and day care facilities attended
   71  by the children of such personnel are confidential and exempt
   72  from s. 119.07(1).
   73         (d) Nothing in This subsection does not section shall be
   74  construed to prohibit the office from providing information to
   75  any law enforcement or administrative agency. Any law
   76  enforcement or administrative agency receiving confidential
   77  information in connection with its official duties shall
   78  maintain the confidentiality of the information if so long as it
   79  would otherwise be confidential.
   80         (e) All information obtained by the office from any person
   81  which is only made available to the office on a confidential or
   82  similarly restricted basis shall be confidential and exempt from
   83  s. 119.07(1). This exemption does not shall not be construed to
   84  prohibit disclosure of information which is required by law to
   85  be filed with the office or which is otherwise subject to s.
   86  119.07(1).
   87         (f)(2) If information subject to this subsection (1) is
   88  offered in evidence in any administrative, civil, or criminal
   89  proceeding, the presiding officer may, in her or his discretion,
   90  prevent the disclosure of information that which would be
   91  confidential pursuant to paragraph (1)(b).
   92         (g)(3) A privilege against civil liability is granted to a
   93  person who furnishes information or evidence to the office,
   94  unless such person acts in bad faith or with malice in providing
   95  such information or evidence.
   96         (2)FINANCIAL STATEMENTS.—All audited financial statements
   97  submitted pursuant to ss. 494.001-494.0077 are confidential and
   98  exempt from the requirements of s. 119.07(1), except that office
   99  employees may have access to information in the administration
  100  and enforcement of ss. 494.001-494.0077 which may be used by the
  101  office for the prosecution of violations under ss. 494.001-494.0077.
  102  494.001-494.0077.
  103         (3)REGISTRY.—
  104         (a)The following materials are confidential and exempt
  105  from s. 119.07(1) and s. 24(a), Art. I of the State
  106  Constitution:
  107         1.Information and material that have been placed in the
  108  registry pursuant to the requirements of other state or federal
  109  laws and not the requirements of this chapter, that are
  110  privileged or confidential under other state or federal law, and
  111  that have been obtained by the office.
  112         a.The information and material may, however, be shared by
  113  the office with any state or federal entity having oversight,
  114  regulatory, or law enforcement authority without the loss of
  115  privilege or confidentiality protections provided by federal and
  116  state laws.
  117         b.This subparagraph does not apply to information or
  118  material relating to the employment history of, and publicly
  119  adjudicated disciplinary and enforcement actions against, loan
  120  originators which is included in the registry for access by the
  121  public.
  122         2.Credit reports obtained by the office for licensing
  123  purposes.
  124         (b)This subsection is subject to the Open Government
  125  Sunset Review Act in accordance with s. 119.15, and shall stand
  126  repealed on October 2, 2014, unless reviewed and saved from
  127  repeal through reenactment by the Legislature.
  128         Section 2. Section 494.0021, Florida Statutes, is repealed.
  129         Section 3. (1)The Legislature finds that it is a public
  130  necessity that information contained in the registry which has
  131  been submitted pursuant to other state or federal laws be made
  132  confidential and exempt from public-records requirements. This
  133  exemption is necessary to ensure compliance with the
  134  confidentiality requirements of the S.A.F.E. Mortgage Licensing
  135  Act of 2008 and to ensure that other state or federal laws
  136  governing confidentiality are not compromised.
  137         (2)The Legislature finds that it is a public necessity
  138  that credit reports obtained pursuant to the licensing
  139  provisions of this chapter be made confidential and exempt from
  140  public-records requirements. Credit reports contain sensitive
  141  financial information. Disclosure of these reports could cause
  142  harm to the persons who are the subjects of the credit reports
  143  by facilitating identity theft and other crimes.
  144         Section 4. This act shall take effect on the same date that
  145  SB 2226 or similar legislation takes effect, if such legislation
  146  is enacted in the same legislative session, or an extension
  147  thereof, and becomes law.