Bill Text: FL H7017 | 2010 | Regular Session | Engrossed

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Bill Title: Pub. Rec./Credit History/Credit Scores/OFR [CPSC]

Spectrum: Bipartisan Bill

Status: (Passed) 2010-05-28 - Approved by Governor; Chapter No. 2010-169 [H7017 Detail]

Download: Florida-2010-H7017-Engrossed.html

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HB 7017

1	A bill to be entitled
2	An act relating to public records; amending s. 494.00125,
3	F.S., and transferring, renumbering, and amending s.
4	494.0021, F.S.; creating an exemption from public records
5	requirements for credit history information and credit
6	scores held by the Office of Financial Regulation within
7	the Department of Financial Services for purposes of
8	licensing loan originators, mortgage brokers, and mortgage
9	lenders; providing an exception to the exemption for other
10	governmental entities having oversight, regulatory, or law
11	enforcement authority; providing for future legislative
12	review and repeal of the exemption; reorganizing
13	provisions; transferring to the section the exemption from
14	public records requirements for audited financial
15	statements submitted pursuant to parts I, II, and III of
16	ch. 494, F.S.; making editorial changes and removing
17	superfluous language; providing a statement of public
18	necessity; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Section 494.00125, Florida Statutes, is
23	amended, and section 494.0021, Florida Statutes, is transferred
24	and renumbered as subsection (2) of that section, and amended,
25	to read:
26	494.00125 Public record exemptions Confidentiality of
27	information relating to investigations and examinations.-
28	(1) INVESTIGATIONS OR EXAMINATIONS.-
29	(a) Except as otherwise provided by this subsection
30	section, information relative to an investigation or examination
31	by the office pursuant to this chapter, including any consumer
32	complaint received by the office or the Department of Financial
33	Services, is confidential and exempt from s. 119.07(1) until the
34	investigation or examination is completed or ceases to be
35	active. The information compiled by the office in such an
36	investigation or examination shall remain confidential and
37	exempt from s. 119.07(1) after the office's investigation or
38	examination is completed or ceases to be active if the office
39	submits the information to any law enforcement or administrative
40	agency for further investigation. Such information shall remain
41	confidential and exempt from s. 119.07(1) until that agency's
42	investigation is completed or ceases to be active. For purposes
43	of this subsection section, an investigation or examination is
44	shall be considered "active" if so long as the office or any law
45	enforcement or administrative agency is proceeding with
46	reasonable dispatch and has a reasonable good faith belief that
47	the investigation or examination may lead to the filing of an
48	administrative, civil, or criminal proceeding or to the denial
49	or conditional grant of a license.
50	(b) This subsection does section shall not be construed to
51	prohibit the disclosure of information that which is required by
52	law to be filed with the office as a normal condition of
53	licensure and which, but for the investigation or examination,
54	would be subject to s. 119.07(1).
55	(c)(b) Except as necessary for the office to enforce the
56	provisions of this chapter, a consumer complaint and other
57	information relative to an investigation or examination shall
58	remain confidential and exempt from s. 119.07(1) after the
59	investigation or examination is completed or ceases to be active
60	to the extent disclosure would:
61	1. Jeopardize the integrity of another active
62	investigation or examination.
63	2. Reveal the name, address, telephone number, social
64	security number, or any other identifying number or information
65	of any complainant, customer, or account holder.
66	3. Disclose the identity of a confidential source.
67	4. Disclose investigative techniques or procedures.
68	5. Reveal a trade secret as defined in s. 688.002.
69	(d)(c) If In the event that office personnel are or have
70	been involved in an investigation or examination of such nature
71	as to endanger their lives or physical safety or that of their
72	families, then the home addresses, telephone numbers, places of
73	employment, and photographs of such personnel, together with the
74	home addresses, telephone numbers, photographs, and places of
75	employment of spouses and children of such personnel and the
76	names and locations of schools and day care facilities attended
77	by the children of such personnel are confidential and exempt
78	from s. 119.07(1).
79	(e)(d) Nothing in This subsection does not section shall
80	be construed to prohibit the office from providing confidential
81	and exempt information to any law enforcement or administrative
82	agency. Any law enforcement or administrative agency receiving
83	confidential and exempt information in connection with its
84	official duties shall maintain the confidentiality of the
85	information if so long as it would otherwise be confidential.
86	(f)(e) All information obtained by the office from any
87	person which is only made available to the office on a
88	confidential or similarly restricted basis shall be confidential
89	and exempt from s. 119.07(1). This exemption shall not be
90	construed to prohibit disclosure of information which is
91	required by law to be filed with the office or which is
92	otherwise subject to s. 119.07(1).
93	(g)(2) If information subject to this subsection (1) is
94	offered in evidence in any administrative, civil, or criminal
95	proceeding, the presiding officer may, in her or his discretion,
96	prevent the disclosure of information that which would be
97	confidential pursuant to paragraph (c) (1)(b).
98	(h)(3) A privilege against civil liability is granted to a
99	person who furnishes information or evidence to the office,
100	unless such person acts in bad faith or with malice in providing
101	such information or evidence.
102	(2) FINANCIAL STATEMENTS 494.0021 Public records.-All
103	audited financial statements submitted pursuant to ss. 494.001-
104	494.0077 are confidential and exempt from the requirements of s.
105	119.07(1), except that office employees may have access to such
106	information in the administration and enforcement of ss.
107	494.001-494.0077 and such information may be used by office
108	personnel in the prosecution of violations under ss. 494.001-
109	494.0077.
110	(3) CREDIT INFORMATION.-
111	(a) Credit history information and credit scores held by
112	the office and related to licensing under ss. 494.001-494.0077
113	are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
114	I of the State Constitution.
115	(b) Credit history information and credit scores made
116	confidential and exempt pursuant to paragraph (a) may be
117	provided by the office to another governmental entity having
118	oversight or regulatory or law enforcement authority.
119	(c) This subsection does not apply to information that is
120	otherwise publicly available.
121	(d) This subsection is subject to the Open Government
122	Sunset Review Act in accordance with s. 119.15 and shall stand
123	repealed on October 2, 2015, unless reviewed and saved from
124	repeal through reenactment by the Legislature.
125	Section 2. The Legislature finds that it is a public
126	necessity that credit history information and credit scores held
127	by the Office of Financial Regulation and related to the
128	licensing of loan originators, mortgage brokers, and mortgage
129	lenders under ss. 494.001-494.0077, Florida Statutes, be made
130	confidential and exempt from s. 119.07(1), Florida Statutes, and
131	s. 24(a), Art. I of the State Constitution. Credit history
132	information and credit scores are sensitive and personal
133	information. Disclosure of such information and scores could
134	cause harm to the person who is the subject of the information.
135	Such information could be defamatory and could cause unwarranted
136	damage to the name or reputation of the person who is the
137	subject of the information, especially if such information is
138	inaccurate. Furthermore, access to such information could
139	jeopardize the financial safety of the individual who is the
140	subject of that information by placing the person at risk of
141	becoming the object of identity theft. For these reasons it is
142	the finding of the Legislature that credit history information
143	and credit scores held by the Office of Financial Regulation and
144	related to the licensing of loan originators, mortgage brokers,
145	and mortgage lenders should be made confidential and exempt from
146	public records requirements.
147	Section 3. This act shall take effect July 1, 2010.

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