Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7030
       
       
       
       FOR CONSIDERATION By the Committee on Banking and Insurance
       
       
       
       
       597-00540A-12                                         20127030__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         717.117, F.S.; revising the public records exemption
    4         for information held by the Department of Financial
    5         Services relating to unclaimed property to permanently
    6         exempt social security numbers from the public records
    7         law; providing for future legislative review and
    8         repeal of the exemption under the Open Government
    9         Sunset Review Act; providing a statement of public
   10         necessity; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (8) of section 717.117, Florida
   15  Statutes, is amended to read:
   16         717.117 Report of unclaimed property.—
   17         (8)(a) As used in this subsection, the term “property
   18  identifier” means the descriptor used by the holder to identify
   19  the unclaimed property.
   20         (b) Social security numbers and property identifiers
   21  contained in reports required under this section, held by the
   22  department, are confidential and exempt from s. 119.07(1) and s.
   23  24(a), Art. I of the State Constitution.
   24         (c) Social security numbers shall be released, for the
   25  limited purpose of locating owners of abandoned or unclaimed
   26  property, to a person registered with the department under this
   27  chapter who is an attorney, Florida-certified public accountant,
   28  private investigator who is duly licensed in this state, or a
   29  private investigative agency licensed under chapter 493.
   30         (a)(d) This exemption applies to social security numbers
   31  and property identifiers held by the department before, on, or
   32  after the effective date of this exemption.
   33         (b) As used in this subsection, the term “property
   34  identifier” means the descriptor used by the holder to identify
   35  the unclaimed property.
   36         (c)(e) This subsection is subject to the Open Government
   37  Sunset Review Act in accordance with s. 119.15, and shall stand
   38  repealed October 2, 2017 2012, unless reviewed and saved from
   39  repeal through reenactment by the Legislature.
   40         Section 2. The Legislature finds that it is a public
   41  necessity that social security numbers contained in reports of
   42  unclaimed property remain confidential and exempt from public
   43  records requirements. Social security numbers, which are used by
   44  a holder of unclaimed property to identify such property, could
   45  be used to fraudulently obtain unclaimed property. The release
   46  of social security numbers could also place owners of unclaimed
   47  property at risk of identity theft. Therefore, the protection of
   48  social security numbers is a public necessity in order to
   49  prevent the fraudulent use of such information by creating
   50  falsified or forged documents that appear to demonstrate
   51  entitlement to unclaimed property and to prevent opportunities
   52  for identify theft. Such use defrauds the rightful owner or the
   53  State School Fund, which is the depository for all remaining
   54  unclaimed funds.
   55         Section 3. This act shall take effect July 1, 2012.