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(3) Subsection (1) is subject to the Open Government Sunset 44 Review Act in accordance with s. 119.15 and shall stand repealed 45 on October 2, 2018, unless reviewed and saved from repeal 46 through reenactment by the Legislature. 47 Section 2.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.