Florida Senate - 2014 SB 1320 By Senator Richter 23-01916-14 20141320__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 662.148, F.S.; providing an exemption from public 4 records requirements for certain information held by 5 the Office of Financial Regulation relating to a 6 family trust company, licensed family trust company, 7 or foreign licensed family trust company; providing 8 for the authorized release of certain information by 9 the office; permitting the publication of certain 10 information; providing a penalty; providing for future 11 legislative review and repeal of the exemption; 12 amending ss. 662.146 and 662.147, F.S.; providing for 13 additional authorized release of certain information 14 by the office; providing for production of 15 confidential records pursuant to court orders, orders 16 by administrative law judges, and legislative 17 subpoenas; conforming provisions to changes made by 18 the act; providing a statement of public necessity; 19 providing a contingent effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 662.148, Florida Statutes, is created 24 and assigned to part IV of chapter 662, Florida Statutes, as 25 created by SB ____, 2014 Regular Session, to read: 26 662.148 Public records exemption; records relating to 27 family trust companies, licensed family trust companies, and 28 foreign licensed family trust companies.— 29 (1) PUBLIC RECORDS EXEMPTION.—The following information 30 held by the Office of Financial Regulation is confidential and 31 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 32 Constitution: 33 (a) All records relating to a registration, an application, 34 or an annual certification of a family trust company, licensed 35 family trust company, or foreign licensed family trust company. 36 (b) All records relating to an examination of a family 37 trust company, licensed family trust company, or foreign 38 licensed family trust company. 39 (c) Reports of examinations, operations, or conditions of a 40 family trust company, licensed family trust company, or foreign 41 licensed family trust company, including working papers. 42 (d) Any portion of a list of names of the shareholders or 43 members of a family trust company, licensed family trust 44 company, or foreign licensed family trust company. 45 (e) Information received by the office from a person from 46 another state or nation or the Federal Government which is 47 otherwise confidential or exempt pursuant to the laws of that 48 state or nation or pursuant to federal law. 49 (2) AUTHORIZED RELEASE OF CONFIDENTIAL AND EXEMPT 50 INFORMATION.—Information made confidential and exempt under 51 subsection (1) may be disclosed by the Office of Financial 52 Regulation to: 53 (a) The authorized representative or representatives of the 54 family trust company, licensed family trust company, or foreign 55 licensed family trust company under examination. The authorized 56 representative or representatives shall be identified in a 57 resolution or by written consent of the board of directors, if 58 the trust company is a corporation, or of the managers, if the 59 trust company is a limited liability company. 60 (b) A fidelity insurance company, upon written consent of 61 the trust company’s board of directors, if a corporation, or its 62 managers, if a limited liability company. 63 (c) An independent auditor, upon written consent of the 64 trust company’s board of directors, if a corporation, or its 65 managers, if a limited liability company. 66 (d) A liquidator, receiver, or conservator for a family 67 trust company, licensed family trust company, or foreign 68 licensed family trust company in the event of the appointment of 69 the liquidator, receiver, or conservator. However, any portion 70 of the information which discloses the identity of a bondholder, 71 customer, family member, member, or stockholder must be redacted 72 by the Office of Financial Regulation before the release of such 73 portion to the liquidator, receiver, or conservator. 74 (e) Any other state, federal, or foreign agency responsible 75 for the regulation or supervision of family trust companies, 76 licensed family trust companies, or foreign licensed family 77 trust companies. 78 (f) A law enforcement agency in the furtherance of the 79 agency’s official duties and responsibilities. 80 (3) PUBLICATION OF INFORMATION.—This section does not 81 prevent or restrict the publication of: 82 (a) A report required by federal law. 83 (b) The name of the family trust company, licensed family 84 trust company, or foreign licensed family trust company and the 85 name and address of the registered agent of that company. 86 (4) PENALTY.—A person who willfully discloses information 87 made confidential and exempt by this section commits a felony of 88 the third degree, punishable as provided in s. 775.082, s. 89 775.083, or s. 775.084. 90 (5) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject 91 to the Open Government Sunset Review Act in accordance with s. 92 119.15 and shall stand repealed on October 2, 2019, unless 93 reviewed and saved from repeal through reenactment by the 94 Legislature. 95 Section 2. Paragraphs (d), (e), and (f) of subsection (1) 96 of section 662.146, Florida Statutes, as created by SB ____, 97 2014 Regular Session, are redesignated as paragraphs (e), (f), 98 and (g), respectively, and a new paragraph (d) is added to that 99 subsection, to read: 100 662.146 Confidentiality of books and records.— 101 (1) The books and records of a family trust company, 102 licensed family trust company, and foreign licensed family trust 103 company are confidential and shall be made available for 104 inspection and examination only: 105 (d) As compelled by legislative subpoena as provided by 106 law, in which case s. 662.47 applies; 107 Section 3. Subsections (1), (2), and (3) of section 108 662.147, Florida Statutes, as created by SB ____, 2014 Regular 109 Session, are renumbered as subsections (3), (4), and (5), 110 respectively, and new subsections (1) and (2) are added to that 111 section, to read: 112 662.147 Records relating to the office examination; limited 113 restrictions on public access.— 114 (1) The public records exemptions contained in s. 662.148 115 do not prevent or restrict the Office of Financial Regulation 116 from: 117 (a) Furnishing records or information to any other state, 118 federal, or foreign agency responsible for the regulation or 119 supervision of family trust companies, licensed family trust 120 companies, or foreign licensed family trust companies. 121 (b) Reporting any suspected criminal activity, with 122 supporting documents and information, to appropriate law 123 enforcement and prosecutorial agencies. 124 (2)(a) Orders issued by courts or administrative law judges 125 for the production of confidential records or information must 126 provide for inspection in camera by the court or the 127 administrative law judge. If the court or administrative law 128 judge determines that the documents requested are relevant or 129 would likely lead to the discovery of admissible evidence, the 130 documents shall be subject to further orders by the court or the 131 administrative law judge to protect the confidentiality thereof. 132 An order directing the release of information shall be 133 immediately reviewable, and a petition by the office for review 134 of the order shall automatically stay any further proceedings in 135 the trial court or the administrative hearing until the 136 disposition of the petition by the reviewing court. If any other 137 party files a petition for review, it will operate as a stay of 138 the proceedings only upon order of the reviewing court. 139 (b) Confidential records and information furnished pursuant 140 to a legislative subpoena shall be kept confidential by the 141 legislative body or committee that received the records or 142 information, except in a case involving the investigation of 143 charges against a public official subject to impeachment or 144 removal, in which case disclosure of the information shall be 145 only to the extent necessary as determined by the legislative 146 body or committee. 147 Section 4. The Legislature finds that it is a public 148 necessity that records held by the Office of Financial 149 Regulation which pertain to a family trust company, licensed 150 family trust company, or foreign licensed family trust company 151 relating to registration or certification; an examination; 152 reports of examinations, operations, or conditions, including 153 working papers; any portion of a list of the names of 154 shareholders or members; or information received by the Office 155 of Financial Regulation from a person from another state or 156 nation or the Federal Government which is otherwise confidential 157 or exempt pursuant to the laws of that jurisdiction be made 158 confidential and exempt from s. 119.07(1), Florida Statutes, and 159 s. 24(a), Article I of the State Constitution. This exemption is 160 necessary because: 161 (1) No public interest is served by granting public access 162 to family trust company records, and no protection is afforded 163 to the public or the state by allowing public access to private 164 financial records. Additionally, a family trust company is 165 prohibited from serving or marketing its services to the general 166 public in any way; therefore, no public interests are involved. 167 (2) Families with a high net worth are frequently the 168 targets of criminal predators seeking access to their assets. It 169 is important that the exposure of such families to threats of 170 extortion, kidnapping, and other crimes not be increased. 171 Placing family business records and methodologies in the public 172 domain would increase the security risk that a family could 173 become the target of criminal activity. 174 (3) Family trust companies often provide a consolidated 175 structure for the ownership of an operating business owned by 176 multiple family members. Placing those private business 177 operations and methods in the public domain could jeopardize 178 their business assets, methodologies, and practices. 179 Section 5. This act shall take effect on the same date that 180 SB ____ or similar legislation takes effect, if such legislation 181 is adopted in the same legislative session or an extension 182 thereof and becomes a law.