August 12, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       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.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader