Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1328
Barcode 947852
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/04/2011 .
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The Committee on Criminal Justice (Smith) recommended the
following:
1 Senate Amendment (with title amendment)
2
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (3) is added to section 119.0712,
7 Florida Statutes, to read:
8 119.0712 Executive branch agency-specific exemptions from
9 inspection or copying of public records.—
10 (3) OFFICE OF FINANCIAL REGULATION.—
11 (a) The following information held by the Office of
12 Financial Regulation before, on, or after July 1, 2011, is
13 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
14 of the State Constitution:
15 1. Information received from another state or federal
16 regulatory, administrative, or criminal justice agency which is
17 otherwise confidential or exempt pursuant to the laws of that
18 state or federal law.
19 2. Information that is received or developed by the office
20 as part of a joint or multiagency examination or investigation
21 with another state or federal regulatory, administrative, or
22 criminal justice agency. The office may obtain and use the
23 information in accordance with the conditions imposed by the
24 joint or multiagency agreement. This exemption does not apply to
25 information obtained or developed by the office which would
26 otherwise be available for public inspection if the office had
27 conducted an independent examination or investigation under
28 Florida law.
29 (b) This subsection is subject to the Open Government
30 Sunset Review Act in accordance with s. 119.15 and shall stand
31 repealed on October 2, 2016, unless reviewed and saved from
32 repeal through reenactment by the Legislature.
33 Section 2. (1) The Legislature finds that it is a public
34 necessity that information held by the Office of Financial
35 Regulation before, on, or after July 1, 2011, which is received
36 from another state or federal regulatory, administrative, or
37 criminal justice agency and which is confidential or exempt
38 pursuant to the laws of that state or pursuant to federal law be
39 made confidential and exempt from public-records requirements.
40 Without the exemption, the office will be unable to obtain
41 information that could assist it in pursuing violations of law
42 under its jurisdiction. Without this exemption, the effective
43 and efficient administration of the regulatory programs
44 administered by the Office of Financial Regulation would be
45 significantly impaired.
46 (2) The Legislature finds that it is a public necessity
47 that information held by the Office of Financial Regulation
48 which is received or developed by the office as part of a joint
49 or multiagency examination or investigation with another state
50 or federal regulatory, administrative, or criminal justice
51 agency be made confidential and exempt from public-records
52 requirements. The exemption is necessary to enable the office to
53 participate in joint or multiagency investigations and
54 examinations. Without the exemption, the office will be unable
55 to participate in these activities, which impairs its ability to
56 leverage its limited resources. Without the sharing and
57 coordination of information, governmental agencies may be
58 required to conduct duplicative independent investigations or
59 examinations in order to meet their regulatory responsibilities.
60 With this exemption, that burden can be reduced or eliminated
61 through joint or alternating investigations or examinations, or
62 by off-site reviews of other governmental agency investigations
63 or examinations.
64 Section 3. This act shall take effect July 1, 2011.
65
66 ================= T I T L E A M E N D M E N T ================
67 And the title is amended as follows:
68 Delete everything before the enacting clause
69 and insert:
70 A bill to be entitled
71 An act relating to public records; amending s.
72 119.0712, F.S.; providing an exemption from public
73 records requirements for information held by the
74 Office of Financial Regulation which is received from
75 another state or federal agency and which is otherwise
76 confidential or exempt pursuant to the laws of that
77 state or federal law; providing an exemption from
78 public-records requirements for information held by
79 the office which is received or developed by the
80 office as part of a joint or multiagency examination
81 or investigation with another state or federal agency;
82 specifying conditions under which the Office of
83 Financial Regulation may obtain and use such
84 information; providing for retroactive application;
85 providing for future review and repeal; providing a
86 statement of public necessity; providing an effective
87 date.