| 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 the Office of |
| 5 | Financial Regulation that is received from another state |
| 6 | or federal regulatory, administrative, or criminal justice |
| 7 | agency and that is otherwise confidential or exempt |
| 8 | pursuant to the laws of that state or pursuant to federal |
| 9 | law; providing an exemption from public records |
| 10 | requirements for information held by the office that is |
| 11 | received or developed by the office as part of a joint or |
| 12 | multiagency examination or investigation with another |
| 13 | state or federal regulatory, administrative, or criminal |
| 14 | justice agency; specifying conditions under which the |
| 15 | Office of Financial Regulation may obtain and use such |
| 16 | information; providing for retroactive application; |
| 17 | providing for future review and repeal of the exemptions; |
| 18 | providing a statement of public necessity; providing an |
| 19 | effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Subsection (3) is added to section 119.0712, |
| 24 | Florida Statutes, to read: |
| 25 | 119.0712 Executive branch agency-specific exemptions from |
| 26 | inspection or copying of public records.- |
| 27 | (3) OFFICE OF FINANCIAL REGULATION.- |
| 28 | (a) The following information held by the Office of |
| 29 | Financial Regulation before, on, or after July 1, 2011, is |
| 30 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 31 | of the State Constitution: |
| 32 | 1. Any information received from another state or federal |
| 33 | regulatory, administrative, or criminal justice agency that is |
| 34 | otherwise confidential or exempt pursuant to the laws of that |
| 35 | state or pursuant to federal law. |
| 36 | 2. Any information that is received or developed by the |
| 37 | office as part of a joint or multiagency examination or |
| 38 | investigation with another state or federal regulatory, |
| 39 | administrative, or criminal justice agency. The office may |
| 40 | obtain and use the information in accordance with the conditions |
| 41 | imposed by the joint or multiagency agreement. This exemption |
| 42 | does not apply to information obtained or developed by the |
| 43 | office that would otherwise be available for public inspection |
| 44 | if the office had conducted an independent examination or |
| 45 | investigation under Florida law. |
| 46 | (b) This subsection is subject to the Open Government |
| 47 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 48 | repealed on October 2, 2016, unless reviewed and saved from |
| 49 | repeal through reenactment by the Legislature. |
| 50 | Section 2. (1) The Legislature finds that it is a public |
| 51 | necessity that information held by the Office of Financial |
| 52 | Regulation before, on, or after July 1, 2011, that is received |
| 53 | from another state or federal regulatory, administrative, or |
| 54 | criminal justice agency that is confidential or exempt pursuant |
| 55 | to the laws of that state or pursuant to federal law be made |
| 56 | confidential and exempt from public records requirements. |
| 57 | Without the exemption, the office will be unable to obtain |
| 58 | information that could assist it in pursuing violations of law |
| 59 | under its jurisdiction. Without this exemption, the effective |
| 60 | and efficient administration of the regulatory programs |
| 61 | administered by the Office of Financial Regulation would be |
| 62 | significantly impaired. |
| 63 | (2) The Legislature finds that it is a public necessity |
| 64 | that information held by the Office of Financial Regulation that |
| 65 | is received or developed by the office as part of a joint or |
| 66 | multiagency examination or investigation with another state or |
| 67 | federal regulatory, administrative, or criminal justice agency |
| 68 | be made confidential and exempt from public records |
| 69 | requirements. The exemption is necessary to enable the office to |
| 70 | participate in joint or multiagency investigations and |
| 71 | examinations. Without the exemption, the office will be unable |
| 72 | to participate in these activities, which impairs its ability to |
| 73 | leverage its limited resources. Without the sharing and |
| 74 | coordination of information, governmental agencies may be |
| 75 | required to conduct duplicative independent investigations or |
| 76 | examinations in order to meet their regulatory responsibilities. |
| 77 | With the exemption, that burden can be reduced or eliminated |
| 78 | through joint or alternating investigations or examinations, or |
| 79 | by off-site reviews of other governmental agency investigations |
| 80 | or examinations. |
| 81 | Section 3. This act shall take effect July 1, 2011. |