Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for SB 1320 Ì756996mÎ756996 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/10/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— (Hays) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 662.148, Florida Statutes, is created 6 and incorporated into chapter 662, Florida Statutes, as created 7 by SB 1238, 2014 Regular Session, to read: 8 662.148 Public records exemption.— 9 (1) DEFINITIONS.—As used in this section, the term: 10 (a) “Reports of examinations, operations, or conditions” 11 means records submitted to or prepared by the office as part of 12 the office’s duties performed pursuant to s. 655.012 or s. 13 655.045(1). 14 (b) “Working papers” means the records of the procedure 15 followed, the tests performed, the information obtained, and the 16 conclusions reached in an examination under s. 655.032 or s. 17 655.045. The term also includes books and records. 18 (2) PUBLIC RECORDS EXEMPTION.—The following information 19 held by the office is confidential and exempt from s. 119.07(1) 20 and s. 24(a), Art. I of the State Constitution: 21 (a) Any personal identifying information appearing in 22 records relating to a registration, an application, or an annual 23 certification of a family trust company, licensed family trust 24 company, or foreign licensed family trust company. 25 (b) Any personal identifying information appearing in 26 records relating to an examination of a family trust company, 27 licensed family trust company, or foreign licensed family trust 28 company. 29 (c) Any personal identifying information appearing in 30 reports of examinations, operations, or conditions of a family 31 trust company, licensed family trust company, or foreign 32 licensed family trust company, including working papers. 33 (d) Any portion of a list of names of the shareholders or 34 members of a family trust company, licensed family trust 35 company, or foreign licensed family trust company. 36 (e) Information received by the office from a person from 37 another state or nation or the Federal Government which is 38 otherwise confidential or exempt pursuant to the laws of that 39 state or nation or pursuant to federal law. 40 (f) An emergency cease and desist order issued under s. 41 662.143 until the emergency order is made permanent unless the 42 office finds that such confidentiality will result in 43 substantial risk of financial loss to the public. 44 (3) AUTHORIZED RELEASE OF CONFIDENTIAL AND EXEMPT 45 INFORMATION.—Information made confidential and exempt under 46 subsection (2) may be disclosed by the office: 47 (a) To the authorized representative or representatives of 48 the family trust company, licensed family trust company, or 49 foreign licensed family trust company under examination. The 50 authorized representative or representatives shall be identified 51 in a resolution or by written consent of the board of directors 52 if the trust company is a corporation, or of the managers if the 53 trust company is a limited liability company. 54 (b) To a fidelity insurance company, upon written consent 55 of the trust company’s board of directors if a corporation, or 56 its managers if a limited liability company. 57 (c) To an independent auditor, upon written consent of the 58 trust company’s board of directors if a corporation, or its 59 managers if a limited liability company. 60 (d) To a liquidator, receiver, or conservator for a family 61 trust company, licensed family trust company, or foreign 62 licensed family trust company if a liquidator, receiver, or 63 conservator is appointed. However, any portion of the 64 information which discloses the identity of a bondholder, 65 customer, family member, member, or stockholder must be redacted 66 by the office before releasing such portion to the liquidator, 67 receiver, or conservator. 68 (e) To any other state, federal, or foreign agency 69 responsible for the regulation or supervision of family trust 70 companies, licensed family trust companies, or foreign licensed 71 family trust companies. 72 (f) To a law enforcement agency in the furtherance of the 73 agency’s official duties and responsibilities. 74 (g) To the appropriate law enforcement or prosecutorial 75 agency for the purpose of reporting any suspected criminal 76 activity. 77 (h) Pursuant to a legislative subpoena. A legislative body 78 or committee that receives records or information pursuant to 79 such a subpoena must maintain the confidential status of such 80 records or information, except in a case involving the 81 investigation of charges against a public official subject to 82 impeachment or removal, in which case records or information 83 shall only be disclosed to the extent necessary as determined by 84 such legislative body or committee. 85 (4) PUBLICATION OF INFORMATION.—This section does not 86 prevent or restrict the publication of: 87 (a) A report required by federal law. 88 (b) The name of the family trust company, licensed family 89 trust company, or foreign licensed family trust company and the 90 name and address of the registered agent of that company. 91 (5) PENALTY.—A person who willfully discloses information 92 made confidential and exempt by this section commits a felony of 93 the third degree, punishable as provided in s. 775.082, s. 94 775.083, or s. 775.084. 95 (6) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject 96 to the Open Government Sunset Review Act in accordance with s. 97 119.15 and is repealed on October 2, 2019, unless reviewed and 98 saved from repeal through reenactment by the Legislature. 99 Section 2. The Legislature finds that it is a public 100 necessity that personal identifying information contained in 101 records held by the Office of Financial Regulation which pertain 102 to a family trust company, licensed family trust company, or 103 foreign licensed family trust company relating to registration 104 or certification; an examination; reports of examinations, 105 operations, or conditions, including working papers; any portion 106 of a list of the names of shareholders or members; information 107 received by the Office of Financial Regulation from a person 108 from another state or nation or the Federal Government which is 109 otherwise confidential or exempt pursuant to the laws of that 110 jurisdiction; or an emergency cease and desist order be made 111 confidential and exempt from s. 119.07(1), Florida Statutes, and 112 s. 24(a), Article I of the State Constitution. This exemption is 113 necessary because: 114 (1) Financial information and lists of names of family 115 members, qualified participants, and shareholders, if available 116 for public access could jeopardize the financial safety of the 117 family members who are the subject of the information. Families 118 with a high net worth are frequently the targets of criminal 119 predators seeking access to their assets. It is important that 120 the exposure of such families and family members to threats of 121 extortion, kidnapping, and other crimes not be increased. 122 Placing family names, private family business records and 123 methodologies into the public domain would increase the security 124 risk that a family could become the target of criminal activity. 125 (2) Public disclosure of an examination, report of 126 examination, or emergency cease and desist order could expose 127 families to security risks, and could defame or cause 128 unwarranted damage to the good name or reputation of the family 129 that is the subject of the information. 130 (3) Family trust companies often provide a consolidated 131 structure for the ownership of an operating business owned by 132 multiple family members. Placing those private business 133 operations and methods in the public domain could jeopardize 134 their business assets, methodologies, and practices. 135 Section 3. This act shall take effect on the same date that 136 SB 1238 or similar legislation takes effect, if such legislation 137 is adopted in the same legislative session or an extension 138 thereof and becomes law. 139 140 ================= T I T L E A M E N D M E N T ================ 141 And the title is amended as follows: 142 Delete everything before the enacting clause 143 and insert: 144 A bill to be entitled 145 An act relating to public records; creating s. 146 662.148, F.S.; providing definitions; providing an 147 exemption from public records requirements for certain 148 information held by the Office of Financial Regulation 149 relating to a family trust company, licensed family 150 trust company, or foreign licensed family trust 151 company; providing for the authorized release of 152 certain information by the office; authorizing the 153 publication of certain information; providing a 154 penalty; providing for future legislative review and 155 repeal of the exemption; providing a statement of 156 public necessity; providing a contingent effective 157 date.