Senate Bill 0836er

    ENROLLED

    2000 Legislature                                        SB 836



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  2         An act relating to public records; creating s.

  3         240.554, F.S.; providing an exemption from

  4         public records requirements for account

  5         information associated with the Florida College

  6         Savings Program; authorizing the release of

  7         such information to community colleges,

  8         colleges, and universities under certain

  9         circumstances; requiring that such institutions

10         maintain the confidentiality of the

11         information; providing for future legislative

12         review and repeal; providing a finding of

13         public necessity; providing an effective date.

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

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17         Section 1.  Section 240.544, Florida Statutes, is

18  created to read:

19         240.554  Florida College Savings Program;

20  confidentiality of account information.--Information that

21  identifies the benefactors or the designated beneficiary of

22  any account initiated under s. 240.553 and information

23  regarding individual account activities conducted through the

24  program established in s. 240.553 are confidential and exempt

25  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

26  the State Constitution. However, the board may authorize the

27  release of such information to a community college, college,

28  or university in which a designated beneficiary may enroll or

29  is enrolled. Community colleges, colleges, and universities

30  shall maintain the confidentiality of such information. This

31  section is subject to the Open Government Sunset Review Act of


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CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                        SB 836



  1  1995 in accordance with s. 119.15, and shall stand repealed on

  2  October 2, 2005, unless reviewed and saved from repeal through

  3  reenactment by the Legislature.

  4         Section 2.  The Legislature finds that the provision of

  5  programs that foster timely financial planning for

  6  postsecondary education serves a legitimate public purpose.

  7  The Legislature further finds that public release of

  8  information concerning a benefactor or designated beneficiary

  9  of an account established under the Florida College Savings

10  Program, or any information concerning an account established

11  under the Florida College Savings Program, may have a chilling

12  effect upon the willingness of persons to participate in the

13  program because such information must necessarily contain

14  personal information. Therefore, it is a public necessity to

15  protect the confidentiality of such information. The

16  Legislature finds that the disclosure of personal financial

17  information or personal identifying information concerning

18  benefactors and designated beneficiaries of accounts

19  established under the Florida College Savings Program would

20  provide access to information about such persons which could

21  be used by others to commit acts of fraud upon such

22  benefactors, designated beneficiaries, or members of their

23  families. Further, disclosure of such information constitutes

24  an unwarranted invasion into the lives and personal privacy of

25  program participants. Thus, the harm from providing access to,

26  and disclosure of, this information outweighs any public

27  benefit that could be derived from public access to this

28  information. The Legislature further finds that sharing of

29  confidential information concerning participants in the

30  program with community colleges, colleges, and universities

31  similarly serves a public necessity because it facilitates the


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CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                        SB 836



  1  efficient administration of the program, and enables such

  2  educational institutions to obtain information concerning

  3  program participants and to facilitate the payment of

  4  postsecondary costs on behalf of designated beneficiaries. The

  5  Legislature finds that the disclosure of such information by a

  6  community college, college, or university would be as

  7  detrimental as if it were released by the Florida College

  8  Savings Program. Accordingly, information concerning

  9  benefactors, designated beneficiaries, and accounts

10  established within the Florida College Savings Program must

11  remain confidential when obtained by community colleges,

12  colleges, and universities.

13         Section 3.  This act shall take effect July 1, 2000.

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