Florida Senate - 2011 CS for SB 1328 By the Committee on Criminal Justice; and Senator Hays 591-03797-11 20111328c1 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.0712, F.S.; providing an exemption from public 4 records requirements for information held by the 5 Office of Financial Regulation which is received from 6 another state or federal agency and which is otherwise 7 confidential or exempt pursuant to the laws of that 8 state or federal law; providing an exemption from 9 public-records requirements for information held by 10 the office which is received or developed by the 11 office as part of a joint or multiagency examination 12 or investigation with another state or federal agency; 13 specifying conditions under which the Office of 14 Financial Regulation may obtain and use such 15 information; providing for retroactive application; 16 providing for future review and repeal; providing a 17 statement of public necessity; providing an effective 18 date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (3) is added to section 119.0712, 23 Florida Statutes, to read: 24 119.0712 Executive branch agency-specific exemptions from 25 inspection or copying of public records.— 26 (3) OFFICE OF FINANCIAL REGULATION.— 27 (a) The following information held by the Office of 28 Financial Regulation before, on, or after July 1, 2011, is 29 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 30 of the State Constitution: 31 1. Information received from another state or federal 32 regulatory, administrative, or criminal justice agency which is 33 otherwise confidential or exempt pursuant to the laws of that 34 state or federal law. 35 2. Information that is received or developed by the office 36 as part of a joint or multiagency examination or investigation 37 with another state or federal regulatory, administrative, or 38 criminal justice agency. The office may obtain and use the 39 information in accordance with the conditions imposed by the 40 joint or multiagency agreement. This exemption does not apply to 41 information obtained or developed by the office which would 42 otherwise be available for public inspection if the office had 43 conducted an independent examination or investigation under 44 Florida law. 45 (b) This subsection is subject to the Open Government 46 Sunset Review Act in accordance with s. 119.15 and shall stand 47 repealed on October 2, 2016, unless reviewed and saved from 48 repeal through reenactment by the Legislature. 49 Section 2. (1) The Legislature finds that it is a public 50 necessity that information held by the Office of Financial 51 Regulation before, on, or after July 1, 2011, which is received 52 from another state or federal regulatory, administrative, or 53 criminal justice agency and which is confidential or exempt 54 pursuant to the laws of that state or pursuant to federal law be 55 made confidential and exempt from public-records requirements. 56 Without the exemption, the office will be unable to obtain 57 information that could assist it in pursuing violations of law 58 under its jurisdiction. Without this exemption, the effective 59 and efficient administration of the regulatory programs 60 administered by the Office of Financial Regulation would be 61 significantly impaired. 62 (2) The Legislature finds that it is a public necessity 63 that information held by the Office of Financial Regulation 64 which is received or developed by the office as part of a joint 65 or multiagency examination or investigation with another state 66 or federal regulatory, administrative, or criminal justice 67 agency be made confidential and exempt from public-records 68 requirements. The exemption is necessary to enable the office to 69 participate in joint or multiagency investigations and 70 examinations. Without the exemption, the office will be unable 71 to participate in these activities, which impairs its ability to 72 leverage its limited resources. Without the sharing and 73 coordination of information, governmental agencies may be 74 required to conduct duplicative independent investigations or 75 examinations in order to meet their regulatory responsibilities. 76 With this exemption, that burden can be reduced or eliminated 77 through joint or alternating investigations or examinations, or 78 by off-site reviews of other governmental agency investigations 79 or examinations. 80 Section 3. This act shall take effect July 1, 2011.