Bill Text: FL H0677 | 2011 | Regular Session | Comm Sub

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Bill Title: Pub. Rec./Office of Financial Regulation

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1003 [H0677 Detail]

Download: Florida-2011-H0677-Comm_Sub.html

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CS/HB 677

1	A bill to be entitled
2	An act relating to public records; amending s. 119.0712,
3	F.S.; providing an exemption from public records
4	requirements for information held by the Office of
5	Financial Regulation that is received from another state
6	or federal regulatory, administrative, or criminal justice
7	agency and that is otherwise confidential or exempt
8	pursuant to the laws of that state or pursuant to federal
9	law; providing an exemption from public records
10	requirements for information held by the office that is
11	received or developed by the office as part of a joint or
12	multiagency examination or investigation with another
13	state or federal regulatory, administrative, or criminal
14	justice agency; specifying conditions under which the
15	Office of Financial Regulation may obtain and use such
16	information; providing for retroactive application;
17	providing for future review and repeal of the exemptions;
18	providing a statement of public necessity; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsection (3) is added to section 119.0712,
24	Florida Statutes, to read:
25	119.0712  Executive branch agency-specific exemptions from
26	inspection or copying of public records.-
27	(3)  OFFICE OF FINANCIAL REGULATION.-
28	(a)  The following information held by the Office of
29	Financial Regulation before, on, or after July 1, 2011, is
30	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
31	of the State Constitution:
32	1.  Any information received from another state or federal
33	regulatory, administrative, or criminal justice agency that is
34	otherwise confidential or exempt pursuant to the laws of that
35	state or pursuant to federal law.
36	2.  Any information that is received or developed by the
37	office as part of a joint or multiagency examination or
38	investigation with another state or federal regulatory,
39	administrative, or criminal justice agency. The office may
40	obtain and use the information in accordance with the conditions
41	imposed by the joint or multiagency agreement. This exemption
42	does not apply to information obtained or developed by the
43	office that would otherwise be available for public inspection
44	if the office had conducted an independent examination or
45	investigation under Florida law.
46	(b)  This subsection is subject to the Open Government
47	Sunset Review Act in accordance with s. 119.15 and shall stand
48	repealed on October 2, 2016, unless reviewed and saved from
49	repeal through reenactment by the Legislature.
50	Section 2.  (1)  The Legislature finds that it is a public
51	necessity that information held by the Office of Financial
52	Regulation before, on, or after July 1, 2011, that is received
53	from another state or federal regulatory, administrative, or
54	criminal justice agency that is confidential or exempt pursuant
55	to the laws of that state or pursuant to federal law be made
56	confidential and exempt from public records requirements.
57	Without the exemption, the office will be unable to obtain
58	information that could assist it in pursuing violations of law
59	under its jurisdiction. Without this exemption, the effective
60	and efficient administration of the regulatory programs
61	administered by the Office of Financial Regulation would be
62	significantly impaired.
63	(2)  The Legislature finds that it is a public necessity
64	that information held by the Office of Financial Regulation that
65	is received or developed by the office as part of a joint or
66	multiagency examination or investigation with another state or
67	federal regulatory, administrative, or criminal justice agency
68	be made confidential and exempt from public records
69	requirements. The exemption is necessary to enable the office to
70	participate in joint or multiagency investigations and
71	examinations. Without the exemption, the office will be unable
72	to participate in these activities, which impairs its ability to
73	leverage its limited resources. Without the sharing and
74	coordination of information, governmental agencies may be
75	required to conduct duplicative independent investigations or
76	examinations in order to meet their regulatory responsibilities.
77	With the exemption, that burden can be reduced or eliminated
78	through joint or alternating investigations or examinations, or
79	by off-site reviews of other governmental agency investigations
80	or examinations.
81	Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.