Florida Senate - 2013                                    SB 1868
       
       
       
       By Senator Bean
       
       
       
       
       4-03845-13                                            20131868__
    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 payment instrument
    5         transaction information held by the Office of
    6         Financial Regulation; providing for specified access
    7         to such information; authorizing the office to enter
    8         into information-sharing agreements and provide access
    9         to information contained in the database to certain
   10         governmental agencies; requiring a department or
   11         agency that receives confidential information to
   12         maintain the confidentiality of the information,
   13         except as otherwise required by court order; providing
   14         for future review and repeal of the exemption;
   15         providing a statement of public necessity; providing
   16         an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 560.312, Florida Statutes, is created to
   21  read:
   22         560.312 Database of payment instrument transactions;
   23  confidentiality.—
   24         (1) Payment instrument transaction information held by the
   25  office pursuant to s. 560.310 which identifies a licensee,
   26  payor, payee, or conductor is confidential and exempt from s.
   27  119.07(1) and s. 24(a), Art. I of the State Constitution.
   28         (2)(a) A licensee may access information that it submits to
   29  the office for inclusion in the database.
   30         (b) The office, to the extent permitted by state and
   31  federal law, may enter into information-sharing agreements with
   32  the department, law enforcement agencies, and other governmental
   33  agencies and, in accordance with such agreements, may provide
   34  the department, law enforcement agencies, and other governmental
   35  agencies with access to information contained in the database
   36  for use in detecting and deterring financial crimes and workers’
   37  compensation violations, pursuant to chapter 440. Any department
   38  or agency that receives confidential information from the office
   39  under this paragraph must maintain the confidentiality of the
   40  information, unless, and only to the extent that, a court order
   41  compels production of the information to a specific party or
   42  parties.
   43         (3) Subsection (1) is subject to the Open Government Sunset
   44  Review Act in accordance with s. 119.15 and shall stand repealed
   45  on October 2, 2018, unless reviewed and saved from repeal
   46  through reenactment by the Legislature.
   47         Section 2. The Legislature finds that it is a public
   48  necessity that payment instrument transaction information held
   49  by the Office of Financial Regulation pursuant to s. 560.310,
   50  Florida Statutes, which identifies a licensee, payor, payee, or
   51  conductor be made confidential and exempt from s. 119.07(1),
   52  Florida Statutes, and s. 24(a), Article I of the State
   53  Constitution. Pursuant to s. 560.310, Florida Statutes, money
   54  services businesses that cash a payment instrument exceeding
   55  $1,000 must submit information about the transaction to the
   56  Office of Financial Regulation in order to deter money
   57  laundering through these entities and in response to the
   58  findings of the Money Service Business Facilitated Workers’
   59  Compensation Fraud Work Group that these entities are being used
   60  to facilitate financial crimes, including fraud relating to
   61  workers’ compensation. The report issued by the group found that
   62  this type of workers’ compensation fraud could be costing the
   63  state up to $1 billion annually in unreported payroll taxes,
   64  unreported premium taxes, and higher costs to insurance carriers
   65  that must process workers’ compensation claims from uninsured
   66  workers. This type of fraud places tremendous pressure on law
   67  abiding businesses to absorb these costs. Submission of this
   68  information to the office is intended to assist the office, the
   69  Department of Financial Services, law enforcement agencies, and
   70  other governmental agencies in detecting and deterring these
   71  financial crimes and related fraudulent activities. The
   72  availability of this information to these agencies will help to
   73  increase premium collection, lower costs to insurance carriers,
   74  and alleviate premium avoidance, as well as reduce the cost of
   75  administering these public programs. However, the public
   76  availability of payment instrument transaction information would
   77  reveal sensitive, personal financial information about payees
   78  and conductors who use check-cashing programs, including
   79  paycheck amounts, salaries, and business activities, as well as
   80  information regarding the financial stability of these persons.
   81  Such information is traditionally private and sensitive.
   82  Protecting the confidentiality of information that would
   83  identify these payees and conductors would provide adequate
   84  protection for these persons while still providing public
   85  oversight of the program. The public release of payment
   86  instrument transaction information would also identify licensees
   87  or payors and reveal private business transaction information
   88  that is traditionally private and could be used by competitors
   89  to harm other licensees or payors in the marketplace. If such
   90  information were publicly available, competitors could determine
   91  the amount of business conducted by other licensees or payors.
   92  Therefore, the Legislature finds that it is a public necessity
   93  that information that would identify the licensee, payor, payee,
   94  or conductor in payment instrument transaction information be
   95  made confidential and exempt from public records requirements.
   96         Section 3. This act shall take effect on the same date that
   97  SB 410 or similar legislation takes effect, if such legislation
   98  is adopted in the same legislative session or an extension
   99  thereof and becomes law.