Florida Senate - 2012                                    SB 1584
       
       
       
       By Senator Thrasher
       
       
       
       
       8-01441A-12                                           20121584__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         560.312, F.S.; providing an exemption from public
    4         records requirements for information contained in the
    5         database of payment instrument transactions within the
    6         Office of Financial Regulation into which payment
    7         instrument transaction information submitted by money
    8         services business licensees is maintained; providing
    9         for specified access to such information; authorizing
   10         the office to enter into information-sharing
   11         agreements and provide access to information contained
   12         in the database to certain governmental agencies;
   13         requiring any department or agency that receives
   14         confidential information to maintain the
   15         confidentiality of the information, except as
   16         otherwise required by court order; providing a penalty
   17         for willful disclosure of confidential information;
   18         providing for future review and repeal of the
   19         exemption; providing a statement of public necessity;
   20         providing a contingent effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 560.312, Florida Statutes, is created to
   25  read:
   26         560.312 Database of payment instrument transactions;
   27  confidentiality.—
   28         (1) Information contained in the database of payment
   29  instrument transactions administered by the office pursuant to
   30  s. 560.311 is confidential and exempt from s. 119.07(1) and s.
   31  24(a), Art. I of the State Constitution.
   32         (2)(a) A licensee may access information that it submits to
   33  the office for inclusion in the database.
   34         (b) The office, to the extent permitted by state and
   35  federal law, may enter into information-sharing agreements with
   36  the department, law enforcement agencies, and other governmental
   37  agencies and, in accordance with such agreements, may provide
   38  the department, law enforcement agencies, and other governmental
   39  agencies with access to information contained in the database
   40  for use in detecting and deterring financial crimes. Any
   41  department or agency that receives confidential information from
   42  the office under this paragraph must maintain the
   43  confidentiality of the information, unless, and only to the
   44  extent that, a court order compels production of this
   45  information to a specific party or parties.
   46         (3) Subsection (1) is subject to the Open Government Sunset
   47  Review Act in accordance with s. 119.15 and shall stand repealed
   48  on October 2, 2017, unless reviewed and saved from repeal
   49  through reenactment by the Legislature.
   50         Section 2. The Legislature finds that it is a public
   51  necessity that information contained in the database of payment
   52  instrument transactions administered by the Office of Financial
   53  Regulation pursuant to s. 560.311, Florida Statutes, be held
   54  confidential and exempt from s. 119.07(1), Florida Statutes, and
   55  s. 24(a), Article I of the State Constitution. The electronic
   56  database provides for the maintenance of payment instrument
   57  transaction information that, pursuant to s. 560.311, Florida
   58  Statutes, money services business licensees are required to
   59  submit to the office and is intended to assist the office, the
   60  Department of Financial Services, law enforcement agencies, and
   61  other governmental agencies in detecting and deterring financial
   62  crimes. Licensees that cash a payment instrument exceeding a
   63  specified amount, a corporate payment instrument, or a third
   64  party payment instrument must submit information about the
   65  transaction to the office for inclusion in the database.
   66  Information submitted includes personal identifying information
   67  of licensees, sensitive financial information, and other
   68  sensitive information such as insurance policy numbers and
   69  workers’ compensation information that, if not held exempt from
   70  public disclosure, could be used to the detriment or
   71  disadvantage of a licensee.
   72         Section 3. This act shall take effect on the same date that
   73  SB ___ or similar legislation takes effect, if such legislation
   74  is adopted in the same legislative session or an extension
   75  thereof and becomes a law.