| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 119.0712, |
| 3 | F.S.; providing an exemption from public records |
| 4 | requirements for information held by a state or federal |
| 5 | regulatory, administrative, or criminal justice agency |
| 6 | that is made available to the Office of Financial |
| 7 | Regulation only on a confidential or similarly restricted |
| 8 | basis or that is developed as part of a joint or |
| 9 | multiagency investigation or examination; specifying |
| 10 | conditions under which the Office of Financial Regulation |
| 11 | may obtain and use such information; providing for |
| 12 | retroactive effect of the exemption; providing for future |
| 13 | review and repeal of the exemption; providing a statement |
| 14 | of public necessity; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsection (3) is added to section 119.0712, |
| 19 | Florida Statutes, to read: |
| 20 | 119.0712 Executive branch agency-specific exemptions from |
| 21 | inspection or copying of public records.- |
| 22 | (3) OFFICE OF FINANCIAL REGULATION.- |
| 23 | (a)1. Information held by a state or federal regulatory, |
| 24 | administrative, or criminal justice agency that is made |
| 25 | available to the Office of Financial Regulation only on a |
| 26 | confidential or similarly restricted basis or that is developed |
| 27 | as part of a joint or multiagency investigation or examination |
| 28 | is confidential and exempt from s. 119.07(1) and s. 24(a), Art. |
| 29 | I of the State Constitution. |
| 30 | 2. The Office of Financial Regulation may obtain and use |
| 31 | the information in accordance with the conditions imposed by the |
| 32 | agency providing the information or in accordance with the |
| 33 | requirements imposed as a condition of participating in a joint |
| 34 | or multiagency examination or investigation. |
| 35 | 3. This exemption applies to information held by the |
| 36 | office before, on, or after the effective date of this |
| 37 | exemption. |
| 38 | (b) This subsection is subject to the Open Government |
| 39 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 40 | repealed on October 2, 2016, unless reviewed and saved from |
| 41 | repeal through reenactment by the Legislature. |
| 42 | Section 2. It is the finding of the Legislature that it is |
| 43 | a public necessity that information held by any state or federal |
| 44 | regulatory, administrative, or criminal justice agency that is |
| 45 | made available to the Office of Financial Regulation only on a |
| 46 | confidential or similarly restricted basis or is developed as |
| 47 | part of a joint or multiagency investigation or examination be |
| 48 | held confidential and exempt from public records requirements. |
| 49 | This exemption is necessary to ensure the effective and |
| 50 | efficient administration of the regulatory programs administered |
| 51 | by the Office of Financial Regulation, which programs would be |
| 52 | significantly impaired by the absence of the exemption. The |
| 53 | exemption is necessary to facilitate the Office of Financial |
| 54 | Regulation's access to information that could assist it in |
| 55 | pursuing violations of the laws and regulations under its |
| 56 | jurisdiction. Without this exemption, the Office of Financial |
| 57 | Regulation's ability to access information held by the Financial |
| 58 | Crimes Enforcement Network and other governmental agencies could |
| 59 | be compromised. The exemption is necessary to enable the Office |
| 60 | of Financial Regulation to participate in joint or multiagency |
| 61 | investigations and examinations. Without the exemption, the |
| 62 | office would be unable to participate in these activities, which |
| 63 | would impair the office's ability to leverage its limited |
| 64 | resources. Because the exemption stipulates that the use of |
| 65 | information obtained by the office will be in accordance with |
| 66 | the conditions imposed by the agency providing the information |
| 67 | or in accordance with the requirements imposed as a condition of |
| 68 | participating in a joint or multiagency examination or |
| 69 | investigation, an agency providing information to the office or |
| 70 | participating in a joint or multiagency investigation can do so |
| 71 | with the knowledge that such information, examination, or |
| 72 | investigation will not be compromised. The ability to share |
| 73 | information and coordinate examinations and investigations with |
| 74 | other governmental agencies also benefits the regulated persons |
| 75 | and entities. Without information sharing and coordination, |
| 76 | governmental agencies may be required to conduct duplicative |
| 77 | independent investigations or examinations to meet their |
| 78 | regulatory responsibilities. With this exemption, that burden |
| 79 | can be reduced or eliminated through joint, concurrent, or |
| 80 | alternating examinations, or with offsite reviews of the other |
| 81 | governmental agency's investigation or examination results. For |
| 82 | these reasons, the Legislature finds that it is a public |
| 83 | necessity that such information be held confidential and exempt |
| 84 | from public records requirements. |
| 85 | Section 3. This act shall take effect July 1, 2011. |