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.