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


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
HB 7017
1
A bill to be entitled
2An act relating to public records; amending s. 494.00125,
3F.S., and transferring, renumbering, and amending s.
4494.0021, F.S.; creating an exemption from public records
5requirements for credit history information and credit
6scores held by the Office of Financial Regulation within
7the Department of Financial Services for purposes of
8licensing loan originators, mortgage brokers, and mortgage
9lenders; providing an exception to the exemption for other
10governmental entities having oversight, regulatory, or law
11enforcement authority; providing for future legislative
12review and repeal of the exemption; reorganizing
13provisions; transferring to the section the exemption from
14public records requirements for audited financial
15statements submitted pursuant to parts I, II, and III of
16ch. 494, F.S.; making editorial changes and removing
17superfluous language; providing a statement of public
18necessity; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 494.00125, Florida Statutes, is
23amended, and section 494.0021, Florida Statutes, is transferred
24and renumbered as subsection (2) of that section, and amended,
25to read:
26 494.00125 Public record exemptions Confidentiality of
27information relating to investigations and examinations.-
28 (1) INVESTIGATIONS OR EXAMINATIONS.-
29 (a) Except as otherwise provided by this subsection
30section, information relative to an investigation or examination
31by the office pursuant to this chapter, including any consumer
32complaint received by the office or the Department of Financial
33Services, is confidential and exempt from s. 119.07(1) until the
34investigation or examination is completed or ceases to be
35active. The information compiled by the office in such an
36investigation or examination shall remain confidential and
37exempt from s. 119.07(1) after the office's investigation or
38examination is completed or ceases to be active if the office
39submits the information to any law enforcement or administrative
40agency for further investigation. Such information shall remain
41confidential and exempt from s. 119.07(1) until that agency's
42investigation is completed or ceases to be active. For purposes
43of this subsection section, an investigation or examination is
44shall be considered "active" if so long as the office or any law
45enforcement or administrative agency is proceeding with
46reasonable dispatch and has a reasonable good faith belief that
47the investigation or examination may lead to the filing of an
48administrative, civil, or criminal proceeding or to the denial
49or conditional grant of a license.
50 (b) This subsection does section shall not be construed to
51prohibit the disclosure of information that which is required by
52law to be filed with the office as a normal condition of
53licensure and which, but for the investigation or examination,
54would be subject to s. 119.07(1).
55 (c)(b) Except as necessary for the office to enforce the
56provisions of this chapter, a consumer complaint and other
57information relative to an investigation or examination shall
58remain confidential and exempt from s. 119.07(1) after the
59investigation or examination is completed or ceases to be active
60to the extent disclosure would:
61 1. Jeopardize the integrity of another active
62investigation or examination.
63 2. Reveal the name, address, telephone number, social
64security number, or any other identifying number or information
65of 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
70been involved in an investigation or examination of such nature
71as to endanger their lives or physical safety or that of their
72families, then the home addresses, telephone numbers, places of
73employment, and photographs of such personnel, together with the
74home addresses, telephone numbers, photographs, and places of
75employment of spouses and children of such personnel and the
76names and locations of schools and day care facilities attended
77by the children of such personnel are confidential and exempt
78from s. 119.07(1).
79 (e)(d) Nothing in This subsection does not section shall
80be construed to prohibit the office from providing confidential
81and exempt information to any law enforcement or administrative
82agency. Any law enforcement or administrative agency receiving
83confidential and exempt information in connection with its
84official duties shall maintain the confidentiality of the
85information if so long as it would otherwise be confidential.
86 (f)(e) All information obtained by the office from any
87person which is only made available to the office on a
88confidential or similarly restricted basis shall be confidential
89and exempt from s. 119.07(1). This exemption shall not be
90construed to prohibit disclosure of information which is
91required by law to be filed with the office or which is
92otherwise subject to s. 119.07(1).
93 (g)(2) If information subject to this subsection (1) is
94offered in evidence in any administrative, civil, or criminal
95proceeding, the presiding officer may, in her or his discretion,
96prevent the disclosure of information that which would be
97confidential pursuant to paragraph (c) (1)(b).
98 (h)(3) A privilege against civil liability is granted to a
99person who furnishes information or evidence to the office,
100unless such person acts in bad faith or with malice in providing
101such information or evidence.
102 (2) FINANCIAL STATEMENTS 494.0021 Public records.-All
103audited financial statements submitted pursuant to ss. 494.001-
104494.0077 are confidential and exempt from the requirements of s.
105119.07(1), except that office employees may have access to such
106information in the administration and enforcement of ss.
107494.001-494.0077 and such information may be used by office
108personnel in the prosecution of violations under ss. 494.001-
109494.0077.
110 (3) CREDIT INFORMATION.-
111 (a) Credit history information and credit scores held by
112the office and related to licensing under ss. 494.001-494.0077
113are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
114I of the State Constitution.
115 (b) Credit history information and credit scores made
116confidential and exempt pursuant to paragraph (a) may be
117provided by the office to another governmental entity having
118oversight or regulatory or law enforcement authority.
119 (c) This subsection does not apply to information that is
120otherwise publicly available.
121 (d) This subsection is subject to the Open Government
122Sunset Review Act in accordance with s. 119.15 and shall stand
123repealed on October 2, 2015, unless reviewed and saved from
124repeal through reenactment by the Legislature.
125 Section 2. The Legislature finds that it is a public
126necessity that credit history information and credit scores held
127by the Office of Financial Regulation and related to the
128licensing of loan originators, mortgage brokers, and mortgage
129lenders under ss. 494.001-494.0077, Florida Statutes, be made
130confidential and exempt from s. 119.07(1), Florida Statutes, and
131s. 24(a), Art. I of the State Constitution. Credit history
132information and credit scores are sensitive and personal
133information. Disclosure of such information and scores could
134cause harm to the person who is the subject of the information.
135Such information could be defamatory and could cause unwarranted
136damage to the name or reputation of the person who is the
137subject of the information, especially if such information is
138inaccurate. Furthermore, access to such information could
139jeopardize the financial safety of the individual who is the
140subject of that information by placing the person at risk of
141becoming the object of identity theft. For these reasons it is
142the finding of the Legislature that credit history information
143and credit scores held by the Office of Financial Regulation and
144related to the licensing of loan originators, mortgage brokers,
145and mortgage lenders should be made confidential and exempt from
146public records requirements.
147 Section 3. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.
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