August 03, 2020
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Senate Bill 2290

Senate Bill sb2290

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2290

    By Senator Clary





    4-905A-04                                          See HB 1041

  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         creating s. 717.1171, F.S.; exempting from

  4         public records requirements certain financial

  5         records held by the Department of Financial

  6         Services; providing exceptions; creating s.

  7         717.12401, F.S.; exempting from public records

  8         requirements certain personal photographic

  9         information held by the department; providing

10         exceptions; creating s. 717.12402, F.S.;

11         exempting from public records requirements

12         certain databases subscribed to by the

13         department under certain circumstances;

14         amending s. 717.1301, F.S.; deleting an

15         exemption from certain public records

16         requirements for materials compiled by the

17         department under an investigation or

18         examination; creating s. 717.1302, F.S.;

19         exempting from public records requirements

20         certain materials compiled by the department

21         relating to investigations or examinations;

22         providing exceptions; creating s. 717.1342,

23         F.S.; providing criminal penalties for

24         disclosure of confidential records; providing

25         findings of public necessity; providing for

26         future legislative review and repeal; providing

27         a contingent effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

                                  1

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    Florida Senate - 2004                                  SB 2290
    4-905A-04                                          See HB 1041




 1         Section 1.  Section 717.1171, Florida Statutes, is

 2  created to read:

 3         717.1171  Public records exemption for social security

 4  numbers, unclaimed property account dollar amounts, the number

 5  of reported shares of stock, and financial account numbers.--

 6         (1)  Social security numbers, unclaimed property

 7  account dollar amounts, the number of reported shares of

 8  stock, and financial account numbers held by the department

 9  are confidential and exempt from s. 119.07(1) and s. 24(a),

10  Art. I of the State Constitution. Notwithstanding this

11  exemption, unclaimed property account dollar amounts and the

12  number of reported shares of stock shall be released to an

13  attorney licensed to practice law in this state, a licensed

14  Florida-certified public accountant, or a private investigator

15  licensed under chapter 493, and registered with the department

16  under this chapter. Notwithstanding this exemption, social

17  security numbers, unclaimed property account dollar amounts,

18  the number of reported shares of stock, and financial account

19  numbers held by the department may be provided to another

20  agency in the furtherance of that agency's duties and

21  responsibilities, or an employee of such agency. The receiving

22  person or agency, other than the person entitled to the

23  unclaimed property, must maintain the confidential and exempt

24  status of such information. This exemption applies to social

25  security numbers, unclaimed property account dollar amounts,

26  the number of reported shares of stock, and financial account

27  numbers held by the department before, on, or after October 1,

28  2004.

29         (2)  If information made confidential and exempt under

30  this section is offered as evidence in any administrative,

31  civil, or criminal proceeding, or is otherwise subject to such

                                  2

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    Florida Senate - 2004                                  SB 2290
    4-905A-04                                          See HB 1041




 1  proceeding, the presiding officer, in her or his discretion,

 2  may prevent the disclosure of information which is

 3  confidential and exempt pursuant to this section.

 4         (3)  An attorney licensed to practice law in this

 5  state, a licensed Florida-certified public accountant, or a

 6  private investigator licensed under chapter 493, and

 7  registered with the department under this chapter, or an

 8  employee thereof, may disclose in good faith unclaimed

 9  property account dollar amounts and the number of reported

10  shares of stock to a person who is believed by the attorney,

11  accountant, or investigator, or an employee thereof, to be

12  entitled to the unclaimed property.

13         (4)  The department, or an employee of the department,

14  may disclose in good faith unclaimed property account dollar

15  amounts and the number of reported shares of stock to a person

16  who is believed by the department, or an employee of the

17  department, to be entitled to the unclaimed property.

18         (5)  This section does not supersede the licensing

19  requirements of chapter 493.

20         Section 2.  Section 717.12401, Florida Statutes, is

21  created to read:

22         717.12401  Public records exemption for personal

23  photographic identification.--

24         (1)  Personal photographic identification held by the

25  department pursuant to this chapter is confidential and exempt

26  from s. 119.07(1) and s. 24(a), Art. I of the State

27  Constitution. This exemption applies to personal photographic

28  identification held by the department before, on, or after

29  October 1, 2004.

30         (2)  Nothing in this section shall be construed to

31  prohibit the department from providing the personal

                                  3

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    Florida Senate - 2004                                  SB 2290
    4-905A-04                                          See HB 1041




 1  photographic identification to any law enforcement or

 2  administrative agency or regulatory organization.

 3         (3)  If information made confidential and exempt under

 4  this section is offered as evidence in any administrative,

 5  civil, or criminal proceeding, or is otherwise subject to such

 6  proceeding, the presiding officer, in her or his discretion,

 7  may prevent the disclosure of information which is

 8  confidential and exempt pursuant to this section.

 9         (4)  The person receiving information which would be

10  confidential and exempt pursuant to this section must maintain

11  the confidentiality of the information so long as the

12  information would otherwise be confidential.

13         Section 3.  Section 717.12402, Florida Statutes, is

14  created to read:

15         717.12402  Public records exemption for database

16  subscription required to be confidential by the database

17  vendor.  A database subscribed to by the department is

18  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

19  of the State Constitution if the database vendor requires

20  confidentiality.

21         Section 4.  Subsections (5) and (6) of section

22  717.1301, Florida Statutes, are amended to read:

23         717.1301  Investigations; examinations; subpoenas.--

24         (5)  The material compiled by the department in an

25  investigation or examination under this chapter is

26  confidential until the investigation or examination is

27  complete. The material compiled by the department in an

28  investigation or examination under this chapter remains

29  confidential after the department's investigation or

30  examination is complete if the department has submitted the

31  material or any part of it to any law enforcement agency or

                                  4

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    Florida Senate - 2004                                  SB 2290
    4-905A-04                                          See HB 1041




 1  other administrative agency for further investigation or for

 2  the filing of a criminal or civil prosecution and such

 3  investigation has not been completed or become inactive.

 4         (5)(6)  If an investigation or an examination of the

 5  records of any person results in the disclosure of property

 6  reportable and deliverable under this chapter, the department

 7  may assess the cost of investigation or the examination

 8  against the holder at the rate of $100 per day per

 9  investigator or examiner.

10         Section 5.  Section 717.1302, Florida Statutes, is

11  created to read:

12         717.1302  Confidentiality of information relating to

13  investigations and examinations.--

14         (1)(a)  Except as otherwise provided by this section,

15  information relating to an investigation or examination by the

16  department, or an agent of the department, pursuant to this

17  chapter, including any list of holders under investigation or

18  examination or to be investigated or examined, is confidential

19  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State

20  Constitution until the investigation or examination is

21  completed or ceases to be active. The information compiled by

22  the department in such an investigation or examination shall

23  remain confidential and exempt from s. 119.07(1) and s. 24(a),

24  Art. I of the State Constitution after the department's

25  investigation or examination is completed or ceases to be

26  active if the department submits the information to any law

27  enforcement or administrative agency for further

28  investigation. Such information shall remain confidential and

29  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

30  Constitution until that agency's investigation is completed or

31  ceases to be active. This section shall not be construed to

                                  5

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    Florida Senate - 2004                                  SB 2290
    4-905A-04                                          See HB 1041




 1  prohibit disclosure of information which is required by law to

 2  be filed with the department and which, but for the

 3  investigation or examination, would be subject to s.

 4  119.07(1)and s. 24(a), Art. I of the State Constitution.

 5         (b)  Except as necessary for the department to enforce

 6  the provisions of this chapter, a consumer complaint and other

 7  information relative to an investigation or examination shall

 8  remain confidential and exempt from s. 119.07(1) and s. 24(a),

 9  Art. I of the State Constitution after the investigation or

10  examination is completed or ceases to be active to the extent

11  disclosure would:

12         1.  Jeopardize the integrity of another active

13  investigation or examination.

14         2.  Reveal the name, address, telephone number, social

15  security number, or any other identifying number or

16  information of any complainant, customer, or account holder.

17         3.  Disclose the identity of a confidential source.

18         4.  Disclose investigative techniques or procedures.

19         5.  Reveal a trade secret as defined in s. 688.002.

20         (c)  If department personnel are or have been involved

21  in an investigation or examination of such nature as to

22  endanger their lives or physical safety or that of their

23  families, the home addresses, telephone numbers, places of

24  employment, and photographs of such personnel, together with

25  the home addresses, telephone numbers, photographs, and places

26  of employment of spouses and children of such personnel and

27  the names and locations of schools and day care facilities

28  attended by the children of such personnel are confidential

29  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State

30  Constitution.

31  

                                  6

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    Florida Senate - 2004                                  SB 2290
    4-905A-04                                          See HB 1041




 1         (d)  Nothing in this section shall be construed to

 2  prohibit the department from providing information to any law

 3  enforcement or administrative agency. Any law enforcement or

 4  administrative agency receiving confidential information in

 5  connection with its official duties shall maintain the

 6  confidentiality of the information so long as it would

 7  otherwise be confidential.

 8         (e)  All information obtained by the department from

 9  any law enforcement or administrative agency which is only

10  made available to the department on a confidential or

11  similarly restricted basis shall be confidential and exempt

12  from s. 119.07(1) and s. 24(a), Art. I of the State

13  Constitution. This exemption shall not be construed to

14  prohibit disclosure of information which is required by law to

15  be filed with the department or which is otherwise subject to

16  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

17         (2)  If information subject to subsection (1) is

18  offered in evidence in any administrative, civil, or criminal

19  proceeding, the presiding officer, in his or her discretion,

20  may prevent the disclosure of information which would be

21  confidential pursuant to paragraph (1)(b).

22         (3)  A privilege against civil liability is granted to

23  a person who furnishes information or evidence to the

24  department, unless such person acts in bad faith or with

25  malice in providing such information or evidence.

26         Section 6.  Section 717.1342, Florida Statutes, is

27  created to read:

28         717.1342  Criminal penalties for disclosure of

29  confidential records.--Any person who willfully and knowingly

30  violates s. 717.1171 or s. 717.12401 commits a felony of the

31  

                                  7

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    Florida Senate - 2004                                  SB 2290
    4-905A-04                                          See HB 1041




 1  third degree, punishable as provided in s. 775.082 or s.

 2  775.083.

 3         Section 7.  (1)  The Legislature finds that it is a

 4  public necessity that social security numbers and financial

 5  account numbers of apparent owners of unclaimed property which

 6  are in the custody of the Department of Financial Services be

 7  made confidential and exempt in order to prevent identity

 8  theft and related crimes. The Legislature further finds that

 9  this exemption is a public necessity in order to prevent the

10  use of such information in forged documents demonstrating

11  entitlement to unclaimed property and thereby defrauding the

12  rightful property owner or the State School Fund.

13  Additionally, the social security number is the only

14  nationwide, unique numeric form of identification. Release of

15  a person's social security number is of concern due to the

16  amount of information such number can provide on an

17  individual. A social security number is often the link to an

18  individual's personal records, whether such records are

19  financial, educational, medical, or familial in nature.

20         (2)  The Legislature finds that it is a public

21  necessity that unclaimed property account dollar amounts and

22  the number of reported shares of stock which are in the

23  custody of the Department of Financial Services be made

24  confidential and exempt in order to prevent unclaimed property

25  fraud and related crimes. The Legislature further finds that

26  this exemption is a public necessity in order to prevent

27  criminal elements from using such information to identify

28  which accounts to claim by using forged documents

29  demonstrating entitlement to unclaimed property, thereby

30  defrauding the rightful property owner or the State School

31  Fund. It is necessary, however, to provide access to unclaimed

                                  8

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    Florida Senate - 2004                                  SB 2290
    4-905A-04                                          See HB 1041




 1  property account dollar amounts and the number of reported

 2  shares of stock to an attorney licensed to practice law in

 3  this state, a licensed Florida-certified public accountant, a

 4  private investigator licensed under chapter 493, Florida

 5  Statutes, or private investigative agencies that are licensed

 6  under chapter 493, Florida Statutes, and registered with the

 7  department. The Legislature further finds that attorneys

 8  licensed to practice law in this state, Florida-certified

 9  public accountants, and private investigators and private

10  investigative agencies licensed under chapter 493, Florida

11  Statutes, and registered with the Department of Financial

12  Services, are subject to more stringent regulation and

13  oversight than the public as a whole. In addition, such

14  professionals are the only persons authorized to file claims

15  on behalf of apparent owners of unclaimed property pursuant to

16  chapter 717, Florida Statutes.

17         (3)  The Legislature finds that it is a public

18  necessity that drivers' licenses and other personal

19  photographic identification which are in the custody of the

20  Department of Financial Services be made confidential and

21  exempt in order to prevent identity theft and related crimes.

22  The Legislature further finds that this exemption is a public

23  necessity in order to prevent the use of such information in

24  forged documents demonstrating entitlement to abandoned or

25  unclaimed property and thereby defrauding the rightful

26  property owner or the State School Fund. Additionally, a

27  driver license is the only nationwide, unique form of

28  identification. Release of a person's driver license is of

29  concern due to the ability to use the driver license to obtain

30  access to an individual's personal records, whether such

31  

                                  9

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    Florida Senate - 2004                                  SB 2290
    4-905A-04                                          See HB 1041




 1  records are financial, educational, medical, or familial in

 2  nature.

 3         (4)  The Legislature finds that it is a public

 4  necessity that the Department of Financial Services use the

 5  most up-to-date database resources to verify whether claimants

 6  are entitled to unclaimed property and in order to prevent

 7  unclaimed property fraud and related crimes. The Legislature

 8  further finds that this exemption is a public necessity in

 9  order to help prevent criminal elements from successfully

10  using forged documents or erroneous information demonstrating

11  entitlement to abandoned or unclaimed property, thereby

12  defrauding the rightful property owner or the State School

13  Fund. The Legislature finds that it is a public necessity that

14  the department use the most current and efficient database

15  resources in order to determine the validity of claims in a

16  cost-effective manner.

17         (5)  The Legislature finds that it is a public

18  necessity that information related to an open investigation or

19  examination by the Department of Financial Services be made

20  confidential and exempt until the completion of the

21  investigation or examination in order to protect the integrity

22  of the investigation or examination. The Legislature further

23  finds that it is a public necessity that information related

24  to an investigation or examination by the department be made

25  confidential and exempt if the department submits the

26  information to any law enforcement or administrative agency

27  for further investigation in order to protect the integrity of

28  the law enforcement or administrative agency investigation or

29  examination. The Legislature further finds that it is a public

30  necessity that sensitive information related to another active

31  investigation or examination, a complainant, a confidential

                                  10

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    Florida Senate - 2004                                  SB 2290
    4-905A-04                                          See HB 1041




 1  source, investigative techniques or procedures, trade secrets,

 2  and at-risk department personnel and their families be made

 3  confidential and exempt in order to protect the sensitive

 4  nature of the information.

 5         Section 8.  Sections 717.1171, 717.12401, 717.12402,

 6  717.1301, and 717.1302, Florida Statutes, are subject to the

 7  Open Government Sunset Review Act of 1995 in accordance with

 8  s. 119.15, Florida Statutes, and shall stand repealed on

 9  October 2, 2009, unless reviewed and saved from repeal through

10  reenactment by the Legislature.

11         Section 9.  This act shall take effect October 1, 2004,

12  if HB 1039 or substantially similar legislation is adopted in

13  the same legislative session or an extension thereof.

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