1 | A bill to be entitled |
2 | An act relating to public records; creating s. 517.2016, |
3 | F.S.; providing an exemption from public records |
4 | requirements for information that would reveal examination |
5 | techniques and procedures used by the Office of Financial |
6 | Regulation pursuant to the Florida Securities and Investor |
7 | Protection Act; providing a definition; providing for |
8 | retroactive application of the public record exemption; |
9 | providing an exception to the exemption for other |
10 | governmental entities having oversight or regulatory or |
11 | law enforcement authority; providing for future review and |
12 | repeal of the exemption; providing a statement of public |
13 | necessity; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Section 517.2016, Florida Statutes, is created |
18 | to read: |
19 | 517.2016 Public record exemption; examination techniques |
20 | and procedures.- |
21 | (1) For purposes of this section, "examination techniques |
22 | and procedures" are the methods, processes, and guidelines used |
23 | to evaluate regulatory compliance and to collect and analyze |
24 | data, records, and testimony for the purpose of documenting |
25 | violations of this chapter and the rules promulgated thereunder. |
26 | (2) Information that would reveal examination techniques |
27 | or procedures used by the office pursuant to this chapter is |
28 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
29 | of the State Constitution. This exemption applies to such |
30 | information held by the office before, on, or after the |
31 | effective date of this exemption. |
32 | (3) Confidential and exempt information that would reveal |
33 | examination techniques or procedures may be provided by the |
34 | office to another governmental entity having oversight or |
35 | regulatory or law enforcement authority. |
36 | (4) This section is subject to the Open Government Sunset |
37 | Review Act in accordance with s. 119.15 and shall stand repealed |
38 | on October 2, 2015, unless reviewed and saved from repeal |
39 | through reenactment by the Legislature. |
40 | Section 2. (1) It is the finding of the Legislature that |
41 | it is a public necessity that information that would reveal |
42 | examination techniques or procedures used by the Office of |
43 | Financial Regulation pursuant to chapter 517, Florida Statutes, |
44 | the Florida Securities and Investor Protection Act, be made |
45 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
46 | of the State Constitution. This exemption is necessary to ensure |
47 | the Office of Financial Regulation's ability to effectively and |
48 | efficiently administer the examination program under chapter |
49 | 517, Florida Statutes, which would be significantly impaired |
50 | without the exemption. |
51 | (2) Examinations are an essential component of securities |
52 | regulation. The mere existence of an examination program fosters |
53 | regulatory compliance and deters fraud and abuse by industry |
54 | participants. Examinations often detect violations in their |
55 | early stages. This early detection allows corrective action to |
56 | be taken before significant harm can be done to investors. Due |
57 | to the importance of such examinations, state regulators devote |
58 | extensive resources to devising effective examination techniques |
59 | and procedures. |
60 | (3) Allowing access to information revealing examination |
61 | techniques or procedures would undermine the examination process |
62 | and facilitate evasion of the law. Any advance notice of the |
63 | areas of inquiry to be explored during an examination might |
64 | prompt a person to conceal evidence of deficiencies or fabricate |
65 | evidence of compliance. Without the exemption, the Office of |
66 | Financial Regulation's ability to uncover misconduct and |
67 | evaluate policies and procedures through the examination process |
68 | would be significantly impaired. |
69 | (4) Additionally, without such an exemption the Office of |
70 | Financial Regulation's ability to participate in joint |
71 | examinations with other securities regulators would be impaired |
72 | as release of this information would compromise the integrity of |
73 | such joint examinations. The office also would not be able to |
74 | accept or use confidential examination techniques and procedures |
75 | developed by other regulators. Thus, the absence of an exemption |
76 | would create a situation that reduces the office's ability to |
77 | leverage its limited resources. |
78 | Section 3. This act shall take effect upon becoming a law. |