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



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1588

    Amendment No. ___   Barcode 702108

                            CHAMBER ACTION
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11  Senator Burt moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 119.072, Florida Statutes, is

18  created to read:

19         119.072  Social Security number exemption.--

20         (1)  Effective October 1, 2002, all social security

21  numbers held by an agency or its agents, employees, or

22  contractors are confidential and exempt from s. 119.07(1) and

23  s. 24(a), Art. I of the State Constitution. This exemption

24  applies to all social security numbers held by an agency and

25  its agents, employees, or contractors before, on, or after the

26  effective date of this exemption.

27         (2)  Social security numbers may be disclosed to

28  another governmental entity or its agents, employees, or

29  contractors if disclosure is necessary for the receiving

30  entity to perform its duties and responsibilities. The

31  receiving governmental entity and its agents, employees, and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1588

    Amendment No. ___   Barcode 702108





  1  contractors shall maintain the confidential and exempt status

  2  of such numbers.

  3         (3)  An agency shall not deny a commercial entity

  4  engaged in the performance of a commercial activity as defined

  5  in s. 14.203 or its agents, employees, or contractors access

  6  to social security numbers, provided the social security

  7  numbers will be used only in the normal course of business for

  8  legitimate business purposes, and provided the commercial

  9  entity makes a written request for social security numbers,

10  verified as provided in s. 92.525, legibly signed by an

11  authorized officer, employee, or agent of the commercial

12  entity.  The verified written request must contain the

13  commercial entity's name, business mailing and location

14  addresses, business telephone number, and a statement of the

15  specific purposes for which it needs the social security

16  numbers and how the social security numbers will be used in

17  the normal course of business for legitimate business

18  purposes. The aggregate of these requests shall serve as the

19  basis for the agency report required in subsection (7).  An

20  agency may request any other information as may be reasonably

21  necessary to verify the identity of the entity requesting the

22  social security numbers and the specific purposes for which

23  such numbers will be used, however, an agency has no duty to

24  inquire beyond the information contained in the verified

25  written request.  A legitimate business purpose includes

26  verification of the accuracy of personal information received

27  by a commercial entity in the normal course of its business;

28  use in a civil, criminal, or administrative proceeding; use

29  for insurance purposes; use in law enforcement and

30  investigation of crimes; use in identifying and preventing

31  fraud; use in matching, verifying, or retrieving information;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1588

    Amendment No. ___   Barcode 702108





  1  and use in research activities. A legitimate business purpose

  2  does not include the display or bulk sale of social security

  3  numbers to the general public or the distribution of such

  4  numbers to any customer that is not identifiable by the

  5  distributor.

  6         (4)  Any person who makes a false representation in

  7  order to obtain a social security number pursuant to this

  8  section, or any person who willfully and knowingly violates

  9  the provisions of this section, commits a felony of the third

10  degree, punishable as provided in s. 775.082 or s. 775.083.

11  Any public officer who violates any provision of this section

12  is guilty of a noncriminal infraction, punishable by a fine

13  not exceeding $500.  A commercial entity that provides access

14  to public records containing social security numbers in

15  accordance with this section, is not subject to the penalty

16  provisions of this subsection.

17         (5)  On or after October 1, 2002, if any final

18  judgment, court order, or docket sheet contains a social

19  security number, then that number shall be entered on a

20  separate page from the rest of the judgment, order, or docket

21  sheet and shall be maintained as a separate attachment, which

22  shall not be filed with or recorded by the county recorder in

23  the official records.  The separate attachments containing

24  social security numbers are available to other governmental

25  entities and to commercial entities as provided for in this

26  section. Except for final judgments, court orders, or docket

27  sheets, if a social security number is or has been otherwise

28  included in a court file before, on, or after October 1, 2002,

29  such number may be included as part of the court record

30  available for public inspection and copying unless redaction

31  is requested by the holder of the social security number, or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1588

    Amendment No. ___   Barcode 702108





  1  his or her attorney or legal guardian, in a legibly signed

  2  written request specifying the case name, case number, and the

  3  document heading and page number, and delivered by mail,

  4  facsimile, or electronic transmission, or delivered in person,

  5  to the clerk of the court.  The clerk of the court shall have

  6  no duty to inquire beyond the written request to verify the

  7  identity of a person requesting redaction.  No fee will be

  8  charged for the redaction of a social security number pursuant

  9  to such request.

10         (6)(a)  On or after October 1, 2002, no person

11  preparing or filing a document to be recorded in the official

12  records by the county recorder as provided for in chapter 28

13  may include any person's social security number in that

14  document, unless otherwise expressly required by law.  If a

15  social security number is or has been included in a document

16  presented to the county recorder for recording in the official

17  records of the county before, on, or after October 1, 2002, it

18  may be made available as part of the official record available

19  for public inspection and copying.

20         (b)  Any person, or his or her attorney or legal

21  guardian, has the right to request that a county recorder

22  remove, from an image or copy of an official record placed on

23  a county recorder's publicly available Internet website or a

24  publicly available Internet website used by a county recorder

25  to display public records or otherwise made electronically

26  available to the general public by such recorder, his or her

27  social security number contained in that official record.

28  Such request must be made in writing, legibly signed by the

29  requestor and delivered by mail, facsimile, or electronic

30  transmission, or delivered in person, to the county recorder.

31  The request must specify the identification page number that

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1588

    Amendment No. ___   Barcode 702108





  1  contains the social security number to be redacted.  The

  2  county recorder shall have no duty to inquire beyond the

  3  written request to verify the identity of a person requesting

  4  redaction.  No fee will be charged for the redaction of a

  5  social security number pursuant to such request.

  6         (c)  A county recorder shall immediately and

  7  conspicuously post signs throughout his or her offices for

  8  public viewing; shall immediately and conspicuously post a

  9  notice on any Internet website or remote electronic site made

10  available by the county recorder and used for the ordering or

11  display of official records or images or copies of official

12  records; and shall, prior to October 1, 2002, publish on two

13  separate dates in a newspaper of general circulation in the

14  county where the county recorder's office is located as

15  provided for in chapter 50, a notice, stating, in

16  substantially similar form, the following:

17         1.  On or after October 1, 2002, any person preparing

18  or filing a document for recordation in the official records

19  may not include a social security number in such document,

20  unless required by law.

21         2.  Any person has a right to request a county recorder

22  to remove, from an image or copy of an official record placed

23  on a county recorder's publicly available Internet website or

24  on a publicly available Internet website used by a county

25  recorder to display public records or otherwise made

26  electronically available to the general public, any social

27  security number contained in an official record.  Such request

28  must be made in writing and delivered by mail, facsimile, or

29  electronic transmission, or delivered in person, to the county

30  recorder. The request must specify the identification page

31  number that contains the social security number to be

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1588

    Amendment No. ___   Barcode 702108





  1  redacted.  No fee will be charged for the redaction of a

  2  social security number pursuant to such a request.

  3         (7)  Beginning January 31, 2004, and each January 31

  4  thereafter, every agency must file a report with the Secretary

  5  of State, the President of the Senate, and the Speaker of the

  6  House of Representatives listing the identity of all

  7  commercial entities that have requested social security

  8  numbers during the preceding calendar year and the specific

  9  purpose or purposes stated by each commercial entity regarding

10  its need for social security numbers. If no disclosure

11  requests were made, the agency shall so indicate.

12         (8)  The Legislature acknowledges that the social

13  security number was never intended to be used for business

14  purposes but was intended to be used solely for the

15  administration of the federal Social Security System. The

16  Legislature is further aware that over time this unique

17  numeric identifier has been used extensively for identity

18  verification purposes and other legitimate consensual

19  purposes. The Legislature is also cognizant of the fact that

20  the social security number can be used as a tool to perpetuate

21  fraud against a person and to acquire sensitive personal,

22  financial, medical, and familial information, the release of

23  which could cause great financial or personal harm to an

24  individual. The Legislature intends to monitor the commercial

25  use of social security numbers held by state agencies in order

26  to maintain a balanced public policy.

27         (9)  An agency shall not collect an individual's social

28  security number unless authorized by law to do so or unless

29  the collection of the social security number is otherwise

30  imperative for the performance of that agency's duties and

31  responsibilities as prescribed by law. Social security numbers

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1588

    Amendment No. ___   Barcode 702108





  1  collected by an agency must be relevant to the purpose for

  2  which collected and shall not be collected until and unless

  3  the need for social security numbers has been clearly

  4  documented. An agency that collects social security numbers

  5  shall also segregate that number on a separate page from the

  6  rest of the record, or as otherwise appropriate, in order that

  7  the social security number be more easily redacted, if

  8  required, pursuant to a public records request. An agency

  9  collecting a person's social security number shall, upon that

10  person's request, at the time of or prior to the actual

11  collection of the social security number by that agency,

12  provide that person with a statement of the purpose or

13  purposes for which the social security number is being

14  collected and used. Social security numbers collected by an

15  agency shall not be used by that agency for any purpose other

16  than the purpose stated. Social security numbers collected by

17  an agency prior to the effective date of this act shall be

18  reviewed for compliance with this subsection. If the

19  collection of a social security number prior to the effective

20  date of this act is found to be unwarranted, the agency shall

21  immediately discontinue the collection of social security

22  numbers for that purpose.

23         (10)  Any affected person may petition the circuit

24  court for an order directing compliance with this section.

25         (11)  The provisions of this section do not supersede

26  any other applicable public records exemptions existing prior

27  to the effective date of this act or created thereafter.

28         (12)  This section is subject to the Open Government

29  Sunset Review Act of 1995 in accordance with s. 119.15, and

30  shall stand repealed October 2, 2007, unless reviewed and

31  saved from repeal through reenactment by the Legislature.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1588

    Amendment No. ___   Barcode 702108





  1         Section 2.  The Legislature finds that it is a public

  2  necessity that social security numbers held by an agency be

  3  made confidential and exempt from public disclosure because

  4  such numbers are of a sensitive personal nature and are often

  5  the link to an individual's personal, financial, medical, or

  6  familial records. The social security number is the only

  7  nationwide, unique numeric form of identification in existence

  8  in the United States. Release of a social security number is

  9  of concern due to the amount of sensitive personal information

10  which can be acquired by its use. The disclosure of such

11  number can provide access to private information about a

12  person which could be used to perpetrate fraud upon that

13  person or otherwise cause great harm to that person and his or

14  her family. Additionally, public disclosure of the social

15  security number constitutes an unwarranted invasion into the

16  life and personal privacy of a person. Thus, the harm from

17  disclosing such number outweighs any public benefit that can

18  be derived from widespread and unregulated public access to

19  such number.  However, responsible commercial use of the

20  social security number does not result in personal or

21  financial harm to a person but allows more complete identity

22  verification, thereby enhancing the mutual benefits of the

23  commercial relationship. Accordingly, the Legislature finds

24  that an exception to the exemption for commercial entities is

25  warranted.

26         Section 3.  This act shall take effect upon becoming

27  law.  For purposes of codifying the Florida Statutes 2002, the

28  Division of Statutory Revision of the Office of Legislative

29  Services is directed to substitute the effective date of the

30  CS for CS for Senate Bill 1588 or similar legislation for the

31  language "the effective date of this act" as used in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1588

    Amendment No. ___   Barcode 702108





  1  subsections (9) and (11) of this act.

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  3

  4  ================ T I T L E   A M E N D M E N T ===============

  5  And the title is amended as follows:

  6         Delete everything before the enacting clause

  7

  8  and insert:

  9                      A bill to be entitled

10         An act relating to a public records exemption

11         for social security numbers; creating s.

12         119.072, F.S.; creating an exemption from

13         public records requirements for all social

14         security numbers held by an agency or its

15         agents, employees, or contractors; providing

16         exceptions to the exemption; providing

17         conditions under which social security numbers

18         may be provided to a commercial entity;

19         providing for civil and criminal penalties;

20         providing requirements and restrictions with

21         respect to collection and disclosure of social

22         security numbers by an agency; providing for

23         review of social security numbers collected

24         prior to the effective date of the exemption;

25         restricting the release of social security

26         numbers contained in official records;

27         providing certain notice requirements and

28         requiring publication of notice by county

29         recorders; requiring annual agency reports;

30         providing for future review and repeal;

31         providing retroactive application of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1588

    Amendment No. ___   Barcode 702108





  1         exemption; providing a statement of public

  2         necessity; providing an effective date.

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