Senate Bill sb1944

    Florida Senate - 2001                                  SB 1944

    By Senator Burt





    16-1200-01

  1                      A bill to be entitled

  2         An act relating to state technology systems;

  3         providing legislative intent; creating the

  4         position of Chief Privacy and Public Access

  5         Officer; assigning duties; requiring each state

  6         agency and university in the State University

  7         System to conduct a survey; providing

  8         requirements for the survey content; providing

  9         for a report to the Legislature; providing an

10         effective date.

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

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14         Section 1.  (1)  The Legislature finds that

15  technological advances have made it possible for state and

16  local governments to operate more efficiently and economically

17  for the benefit of Floridians. Increased use of computers by

18  governments, businesses, and individuals, the growth of the

19  Internet, and the likelihood of more technological advances

20  will permit even more coordination of services, greater

21  sharing of information, and additional opportunities to

22  improve service. The Legislature also recognizes that the

23  state has a long policy of open records that is ensured by the

24  State Constitution. The Legislature also recognizes that the

25  constitutional right of privacy provided under the State

26  Constitution cannot be construed to limit the right of access

27  to public records. As a result, the Legislature finds that

28  greater consideration should be given to the types of

29  information that state agencies and universities collect and

30  that the necessity for collecting specific types of

31  information should be identified.

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    Florida Senate - 2001                                  SB 1944
    16-1200-01




  1         (2)  Each state agency and university within the State

  2  University System shall conduct an internal survey to

  3  determine what types of information they compile in databases

  4  or other electronic formats, sell, share with third parties,

  5  or provide online. The survey shall be directed and

  6  coordinated by the Chief Privacy and Public Access Officer. By

  7  no later than July 30, 2001, the Chief Privacy and Public

  8  Access Officer shall provide in writing to each agency and

  9  university the specific types of information that are to be

10  collected in the survey. The Chief Privacy and Public Access

11  Officer, with the assistance of the State Technology Office,

12  shall compile the information, make recommendations, and

13  report to the Legislature no later than January 15, 2002.

14         Section 2.  There is authorized in the State Technology

15  Office within the Department of Management Services one

16  full-time employee who shall be designated the State's Chief

17  Privacy and Public Access Officer. The Chief Privacy and

18  Public Access Officer is responsible for continually reviewing

19  the policies, laws, rules, and practices of state agencies

20  which may affect the privacy concerns of state residents and

21  shall annually advise the Legislature and Governor of such

22  practices. The Chief Privacy and Public Access Officer shall

23  direct a survey of each state agency and each university

24  within the State University System to determine what types of

25  information they compile in databases or other electronic

26  formats, sell, share with third parties, or provide online and

27  report his or her findings to the Legislature no later than

28  January 15, 2002. The Chief Privacy and Public Access Officer

29  shall review proposed contracts between state agencies and

30  third parties involving the sharing or sale of personal

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    Florida Senate - 2001                                  SB 1944
    16-1200-01




  1  information and make specific recommended changes to any such

  2  contract to the agency as necessary.

  3         Section 3.  This act shall take effect upon becoming a

  4  law.

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  7                          SENATE SUMMARY

  8    Creates the Chief Privacy and Public Access Officer in
      the State Technology Office of the Department of
  9    Management Services. Provides for a survey of information
      compiled in databases or other electronic formats by
10    state agencies and universities within the State
      University System. Requires a report to the Legislature.
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CODING: Words stricken are deletions; words underlined are additions.