CS/HB 1059

1
A bill to be entitled
2An act relating to public records; creating s. 517.2016,
3F.S.; providing an exemption from public records
4requirements for information that would reveal examination
5techniques and procedures used by the Office of Financial
6Regulation pursuant to the Florida Securities and Investor
7Protection Act; providing a definition; providing for
8retroactive application of the public record exemption;
9providing an exception to the exemption for other
10governmental entities having oversight or regulatory or
11law enforcement authority; providing for future review and
12repeal of the exemption; providing a statement of public
13necessity; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 517.2016, Florida Statutes, is created
18to read:
19     517.2016  Public record exemption; examination techniques
20and procedures.-
21     (1)  For purposes of this section, "examination techniques
22and procedures" are the methods, processes, and guidelines used
23to evaluate regulatory compliance and to collect and analyze
24data, records, and testimony for the purpose of documenting
25violations of this chapter and the rules promulgated thereunder.
26     (2)  Information that would reveal examination techniques
27or procedures used by the office pursuant to this chapter is
28confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
29of the State Constitution. This exemption applies to such
30information held by the office before, on, or after the
31effective date of this exemption.
32     (3)  Confidential and exempt information that would reveal
33examination techniques or procedures may be provided by the
34office to another governmental entity having oversight or
35regulatory or law enforcement authority.
36     (4)  This section is subject to the Open Government Sunset
37Review Act in accordance with s. 119.15 and shall stand repealed
38on October 2, 2015, unless reviewed and saved from repeal
39through reenactment by the Legislature.
40     Section 2.  (1)  It is the finding of the Legislature that
41it is a public necessity that information that would reveal
42examination techniques or procedures used by the Office of
43Financial Regulation pursuant to chapter 517, Florida Statutes,
44the Florida Securities and Investor Protection Act, be made
45confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
46of the State Constitution. This exemption is necessary to ensure
47the Office of Financial Regulation's ability to effectively and
48efficiently administer the examination program under chapter
49517, Florida Statutes, which would be significantly impaired
50without the exemption.
51     (2)  Examinations are an essential component of securities
52regulation. The mere existence of an examination program fosters
53regulatory compliance and deters fraud and abuse by industry
54participants. Examinations often detect violations in their
55early stages. This early detection allows corrective action to
56be taken before significant harm can be done to investors. Due
57to the importance of such examinations, state regulators devote
58extensive resources to devising effective examination techniques
59and procedures.
60     (3)  Allowing access to information revealing examination
61techniques or procedures would undermine the examination process
62and facilitate evasion of the law. Any advance notice of the
63areas of inquiry to be explored during an examination might
64prompt a person to conceal evidence of deficiencies or fabricate
65evidence of compliance. Without the exemption, the Office of
66Financial Regulation's ability to uncover misconduct and
67evaluate policies and procedures through the examination process
68would be significantly impaired.
69     (4)  Additionally, without such an exemption the Office of
70Financial Regulation's ability to participate in joint
71examinations with other securities regulators would be impaired
72as release of this information would compromise the integrity of
73such joint examinations. The office also would not be able to
74accept or use confidential examination techniques and procedures
75developed by other regulators. Thus, the absence of an exemption
76would create a situation that reduces the office's ability to
77leverage its limited resources.
78     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.