Florida Senate - 2011 SB 1328 By Senator Hays 20-01223-11 20111328__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.0712, F.S.; providing a public-records exemption 4 for certain information provided to the Office of 5 Financial Regulation on a confidential basis or 6 developed as part of a multiagency investigation; 7 providing for future repeal and legislative review of 8 the exemption under the Open Government Sunset Review 9 Act; providing a statement of public necessity; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (3) is added to section 119.0712, 15 Florida Statutes, to read: 16 119.0712 Executive branch agency-specific exemptions from 17 inspection or copying of public records.— 18 (3) OFFICE OF FINANCIAL REGULATION.— 19 (a) Information that is held by any state or federal 20 regulatory, administrative, or criminal justice agency and that 21 is made available to the Office of Financial Regulation on a 22 confidential or similarly restricted basis, or that is developed 23 as part of a joint or multiagency investigation or examination, 24 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State 25 Constitution. The office may obtain and use such information in 26 accordance with the conditions imposed by the providing agency 27 or imposed as a condition of participating in an investigation 28 or examination. This exemption applies to information held by 29 the office on or after July 1, 2011. 30 (b) This subsection is subject to the Open Government 31 Sunset Review Act in accordance with s. 119.15, and shall stand 32 repealed on October 2, 2016, unless reviewed and saved from 33 repeal through reenactment by the Legislature. 34 Section 2. The Legislature finds that it is a public 35 necessity that certain information that is held by any state or 36 federal regulatory, administrative, or criminal justice agency 37 and that is made available to the Office of Financial Regulation 38 on a confidential or similarly restricted basis, or that is 39 developed as part of a joint or multiagency investigation or 40 examination, be exempt from public-records requirements. 41 (1) The exemption is necessary to facilitate the office’s 42 access to information that could assist it in pursuing 43 violations of the laws and regulations under its jurisdiction. 44 Without this exemption, the office’s ability to access 45 information held by the Financial Crimes Enforcement Network and 46 other governmental agencies could be compromised. 47 (2) The exemption is necessary to enable the office to 48 participate in joint or multiagency investigations and 49 examinations. Without the exemption, the office will be unable 50 to participate in these activities, which impairs the ability of 51 the office to leverage its limited resources. The ability to 52 share information and coordinate examinations and investigations 53 with other governmental agencies also benefit the regulated 54 persons and entities. Without the sharing and coordination of 55 information, governmental agencies may be required to conduct 56 duplicative independent investigations or examinations in order 57 to meet their regulatory responsibilities. With the exemption, 58 that burden can be reduced or eliminated through joint, 59 concurrent, or alternating examinations, or by off-site reviews 60 of other governmental agency investigation or examination 61 results. 62 (3) Thus, the public-records exemption provided under this 63 act is necessary to ensure the effective and efficient 64 administration of the regulatory programs administered by the 65 office, which would be significantly impaired by the absence of 66 the exemption. 67 Section 3. This act shall take effect July 1, 2011.