Bill Text: FL S1576 | 2010 | Regular Session | Introduced

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

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-04-28 - Placed on Special Order Calendar; Read 2nd time -SJ 00979; Amendment(s) adopted (524756) -SJ 00979; Substituted HB 7017 -SJ 00979; Laid on Table, companion bill(s) passed, see HB 7017 (Ch. 2010-169) -SJ 00979 [S1576 Detail]

Download: Florida-2010-S1576-Introduced.html

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Florida Senate - 2010                                    SB 1576 
 
By Senator Fasano 
11-00308A-10                                          20101576__ 
1                        A bill to be entitled 
2         An act relating to public records; amending s. 
3         494.00125, F.S., and transferring, renumbering, and 
4         amending s. 494.0021, F.S.; creating an exemption from 
5         public-records requirements for credit history 
6         information and credit scores held by the Office of 
7         Financial Regulation within the Department of 
8         Financial Services for purposes of licensing mortgage 
9         brokers and mortgage lenders; providing an exception 
10         to the exemption for other governmental entities 
11         having oversight, regulatory, or law enforcement 
12         authority; providing for future legislative review and 
13         repeal of the exemption; reorganizing provisions; 
14         transferring to the section the exemption from public 
15         records requirements for audited financial statements 
16         submitted pursuant to parts I, II, and III of ch. 494, 
17         F.S.; making editorial changes and removing 
18         superfluous language; providing a statement of public 
19         necessity; providing an effective date. 
20 
21  Be It Enacted by the Legislature of the State of Florida: 
22 
23         Section 1. Section 494.00125, Florida Statutes, is amended, 
24  and section 494.0021, Florida Statutes, is transferred and 
25  renumbered as subsection (2) of that section, and amended, to 
26  read: 
27         494.00125 Public-record exemptions Confidentiality of 
28  information relating to investigations and examinations.— 
29         (1) INVESTIGATIONS OR EXAMINATIONS.— 
30         (a) Except as otherwise provided by this subsection 
31  section, information relative to an investigation or examination 
32  by the office pursuant to this chapter, including any consumer 
33  complaint received by the office or the Department of Financial 
34  Services, is confidential and exempt from s. 119.07(1) until the 
35  investigation or examination is completed or ceases to be 
36  active. The information compiled by the office in such an 
37  investigation or examination shall remain confidential and 
38  exempt from s. 119.07(1) after the office’s investigation or 
39  examination is completed or ceases to be active if the office 
40  submits the information to any law enforcement or administrative 
41  agency for further investigation. Such information shall remain 
42  confidential and exempt from s. 119.07(1) until that agency’s 
43  investigation is completed or ceases to be active. For purposes 
44  of this subsection section, an investigation or examination is 
45  shall be considered “active” if so long as the office or any law 
46  enforcement or administrative agency is proceeding with 
47  reasonable dispatch and has a reasonable good faith belief that 
48  the investigation or examination may lead to the filing of an 
49  administrative, civil, or criminal proceeding or to the denial 
50  or conditional grant of a license. 
51         (b) This subsection does section shall not be construed to 
52  prohibit the disclosure of information that which is required by 
53  law to be filed with the office as a normal condition of 
54  licensure and which, but for the investigation or examination, 
55  would be subject to s. 119.07(1). 
56         (c)(b) Except as necessary for the office to enforce the 
57  provisions of this chapter, a consumer complaint and other 
58  information relative to an investigation or examination shall 
59  remain confidential and exempt from s. 119.07(1) after the 
60  investigation or examination is completed or ceases to be active 
61  to the extent disclosure would: 
62         1. Jeopardize the integrity of another active investigation 
63  or examination. 
64         2. Reveal the name, address, telephone number, social 
65  security number, or any other identifying number or information 
66  of any complainant, customer, or account holder. 
67         3. Disclose the identity of a confidential source. 
68         4. Disclose investigative techniques or procedures. 
69         5. Reveal a trade secret as defined in s. 688.002. 
70         (d)(c) If In the event that office personnel are or have 
71  been involved in an investigation or examination of such nature 
72  as to endanger their lives or physical safety or that of their 
73  families, then the home addresses, telephone numbers, places of 
74  employment, and photographs of such personnel, together with the 
75  home addresses, telephone numbers, photographs, and places of 
76  employment of spouses and children of such personnel and the 
77  names and locations of schools and day care facilities attended 
78  by the children of such personnel are confidential and exempt 
79  from s. 119.07(1). 
80         (e)(d) Nothing in This subsection does not section shall be 
81  construed to prohibit the office from providing confidential and 
82  exempt information to any law enforcement or administrative 
83  agency. Any law enforcement or administrative agency receiving 
84  confidential and exempt information in connection with its 
85  official duties shall maintain the confidentiality of the 
86  information if so long as it would otherwise be confidential. 
87         (f)(e) All information obtained by the office from any 
88  person which is only made available to the office on a 
89  confidential or similarly restricted basis shall be confidential 
90  and exempt from s. 119.07(1). This exemption shall not be 
91  construed to prohibit disclosure of information which is 
92  required by law to be filed with the office or which is 
93  otherwise subject to s. 119.07(1). 
94         (g)(2) If information subject to this subsection (1) is 
95  offered in evidence in any administrative, civil, or criminal 
96  proceeding, the presiding officer may, in her or his discretion, 
97  prevent the disclosure of information that which would be 
98  confidential pursuant to paragraph (c) (1)(b). 
99         (h)(3) A privilege against civil liability is granted to a 
100  person who furnishes information or evidence to the office, 
101  unless such person acts in bad faith or with malice in providing 
102  such information or evidence. 
103         (2) FINANCIAL STATEMENTS 494.0021 Public records.—All 
104  audited financial statements submitted pursuant to ss. 494.001 
105  494.0077 are confidential and exempt from the requirements of s. 
106  119.07(1), except that office employees may have access to such 
107  information in the administration and enforcement of ss. 
108  494.001-494.0077 and such information may be used by office 
109  personnel in the prosecution of violations under ss. 494.001 
110  494.0077. 
111         (3) CREDIT INFORMATION.— 
112         (a) Credit history information and credit scores held by 
113  the office and related to licensing under ss. 494.001-494.0077 
114  are confidential and exempt from s. 119.07(1) and s. 24(a), Art. 
115  I of the State Constitution. 
116         (b) Credit history information and credit scores made 
117  confidential and exempt pursuant to paragraph (a) may be 
118  provided by the office to another governmental entity having 
119  oversight or regulatory or law enforcement authority. 
120         (c) This subsection does not apply to information that is 
121  otherwise publicly available. 
122         (d) This subsection is subject to the Open Government 
123  Sunset Review Act in accordance with s. 119.15 and shall stand 
124  repealed on October 2, 2015, unless reviewed and saved from 
125  repeal through reenactment by the Legislature. 
126         Section 2. The Legislature finds that it is a public 
127  necessity that credit history information and credit scores held 
128  by the Office of Financial Regulation and related to the 
129  licensing of mortgage brokers and mortgage lenders under ss. 
130  494.001-494.0077, Florida Statutes, be made confidential and 
131  exempt from s. 119.07(1) and s. 24(a), Art. I of the State 
132  Constitution. Credit history information and credit scores are 
133  sensitive and personal information. Disclosure of such 
134  information and scores could cause harm to the person who is the 
135  subject of the information. Such information could be defamatory 
136  and could cause unwarranted damage to the name or reputation of 
137  the person who is the subject of the information, especially if 
138  such information is inaccurate. Furthermore, access to such 
139  information could jeopardize the financial safety of the 
140  individual who is the subject of that information by placing the 
141  person at risk of becoming the object of identity theft. For 
142  these reasons it is the finding of the Legislature that credit 
143  history information and credit scores held by the Office of 
144  Financial Regulation and related to the licensing of mortgage 
145  brokers and mortgage lenders should be made confidential and 
146  exempt from public-records requirements. 
147         Section 3. This act shall take effect July 1, 2010.