House Bill hb1673
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Florida House of Representatives - 2002 HB 1673
By the Committee on State Administration and
Representative Brummer
1 A bill to be entitled
2 An act relating to a public records exemption
3 for social security numbers; amending s.
4 119.07, F.S.; creating an exemption from public
5 records requirements for social security
6 numbers held by an agency or its agents,
7 employees, or contractors; providing exceptions
8 to the exemption; providing requirements and
9 restrictions with respect to collection and
10 disclosure of social security numbers by an
11 agency; providing for review of social security
12 numbers collected prior to the effective date
13 of the exemption; providing conditions under
14 which social security numbers may be provided
15 to a commercial entity; providing a criminal
16 penalty for false representation in order to
17 obtain, or unlawful disclosure of, social
18 security numbers; requiring annual agency
19 reports; providing for future review and
20 repeal; providing retroactive application of
21 the exemption; providing a statement of public
22 necessity; providing an effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Paragraph (ee) is added to subsection (3)
27 of section 119.07, Florida Statutes, to read:
28 119.07 Inspection, examination, and duplication of
29 records; exemptions.--
30 (3)
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Florida House of Representatives - 2002 HB 1673
688-199A-02
1 (ee)1. Social security numbers held by an agency or
2 its agents, employees, or contractors are exempt from
3 subsection (1) and s. 24(a), Art. I of the State Constitution.
4 This exemption applies to social security numbers held by an
5 agency or its agents, employees, or contractors before, on, or
6 after the effective date of this exemption.
7 2. Social security numbers may be disclosed to another
8 governmental entity or its agents, employees, or contractors
9 if disclosure is necessary for the receiving entity to perform
10 its duties and responsibilities. The receiving governmental
11 entity and its agents, employees, and contractors shall
12 maintain the exempt status of the social security numbers.
13 3. An agency shall not deny a commercial entity
14 engaged in the performance of a commercial activity as defined
15 in s. 14.203 or its agents, employees, or contractors access
16 to social security numbers, provided that the commercial
17 entity reasonably identifies itself and the purposes for which
18 it needs the social security numbers in a written request,
19 signed by an authorized officer, employee, or agent of the
20 commercial entity, and specifies in the written request that
21 the social security numbers will be used only in the normal
22 course of business for legitimate business purposes. A
23 legitimate business purpose includes verification of the
24 accuracy of personal information submitted in a commercial
25 transaction; use in a civil, criminal, or administrative
26 proceeding; use for insurance purposes; and use in research
27 activities. A legitimate business purpose does not include
28 public disclosure of social security numbers or the bulk sale
29 of social security numbers. An agency may request any other
30 information as may be reasonably necessary to verify the
31 identity of the entity requesting the social security numbers.
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Florida House of Representatives - 2002 HB 1673
688-199A-02
1 4. Any person making a false representation in order
2 to obtain social security numbers or who discloses social
3 security numbers in violation of this paragraph commits a
4 felony of the third degree, punishable as provided in s.
5 775.082, s. 775.083, or s. 775.084.
6 5. By January 31 of each year, every agency must file
7 a report with the Secretary of State, the President of the
8 Senate, and the Speaker of the House of Representatives
9 listing the identity of all commercial entities that have
10 requested social security numbers during the preceding
11 calendar year and the purpose or purposes stated by each
12 commercial entity regarding its need for such social security
13 numbers. If no disclosure requests were made, the agency shall
14 so indicate.
15 6.a. The Legislature acknowledges that the social
16 security number was never intended to be used for business
17 purposes but was intended to be used solely for the
18 administration of the federal Social Security System. The
19 Legislature is further aware that over time this unique
20 numeric identifier has been used extensively for identity
21 verification purposes and other legitimate consensual
22 purposes. The Legislature is also cognizant of the fact that
23 the social security number can be used as a tool to perpetuate
24 fraud against a person and to acquire sensitive personal,
25 financial, medical, and familial information, the release of
26 which could cause great financial and personal harm to an
27 individual. The Legislature intends to monitor the commercial
28 use of social security numbers held by state agencies in order
29 to maintain a balanced public policy.
30 b. An agency shall not collect an individual's social
31 security number unless authorized by law to do so or unless
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Florida House of Representatives - 2002 HB 1673
688-199A-02
1 the collection of the social security number is otherwise
2 imperative for the performance of the agency's duties and
3 responsibilities as prescribed by law. Social security
4 numbers collected by an agency must be relevant to the purpose
5 for which collected and shall not be collected until and
6 unless the need for social security numbers has been clearly
7 documented. An agency collecting a person's social security
8 number shall, upon the request of the person whom the social
9 security number identifies, provide the person with a
10 statement of the purpose or purposes for which the social
11 security number is collected and used, at the time of or prior
12 to the actual collection of the social security number by the
13 agency. Agencies shall ensure that social security numbers
14 collected by the agency shall not be used for any purpose
15 other than the purpose stated in the request. Social security
16 numbers collected by agencies prior to the effective date of
17 this act shall be reviewed for compliance with this
18 sub-subparagraph. If the collection of a social security
19 number prior to the effective date of this act is found to be
20 unwarranted, the social security number shall be removed from
21 the records of the agency.
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23 This paragraph is subject to the Open Government Sunset Review
24 Act of 1995 in accordance with s. 119.15, and shall stand
25 repealed October 2, 2007, unless reviewed and saved from
26 repeal through reenactment by the Legislature.
27 Section 2. The Legislature finds that it is a public
28 necessity that social security numbers held by an agency be
29 exempt from public disclosure because such numbers are of a
30 sensitive personal nature and are often the link to an
31 individual's personal, financial, medical, or familial
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Florida House of Representatives - 2002 HB 1673
688-199A-02
1 records. The social security number is the only nationwide,
2 unique numeric form of identification in existence in the
3 United States. Release of a social security number is of
4 concern due to the amount of sensitive personal information
5 which can be acquired by its use. The disclosure of such
6 number can provide access to private information about a
7 person which could be used to perpetrate fraud upon that
8 person or otherwise cause harm to that person and his or her
9 family. Additionally, public disclosure of the social security
10 number constitutes an unwarranted invasion into the life and
11 personal privacy of a person. Thus, the harm from disclosing
12 such number outweighs any public benefit that can be derived
13 from widespread and unregulated public access to such number.
14 However, responsible commercial use of the social security
15 number does not result in personal or financial harm to a
16 person but allows more complete identity verification, thereby
17 enhancing the mutual benefits of the commercial relationship.
18 Accordingly, the Legislature finds that a narrow exception to
19 the exemption for commercial entities is warranted.
20 Section 3. This act shall take effect upon becoming a
21 law.
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Florida House of Representatives - 2002 HB 1673
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2 HOUSE SUMMARY
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Creates an exemption from public records requirements for
4 social security numbers held by a state agency or its
agents, employees, or contractors. Provides specified
5 exceptions to the exemption. Provides requirements and
restrictions with respect to collection and disclosure of
6 social security numbers by an agency. Provides for
review of social security numbers collected prior to the
7 effective date of the exemption. Provides conditions
under which social security numbers may be disclosed to a
8 commercial entity. Provides a third degree felony
penalty for false representation in order to obtain, or
9 unlawful disclosure of, social security numbers.
Provides for annual agency reports relating to requests
10 for and disclosure of social security numbers. Provides
for retroactive application of the exemption. Provides
11 for future review and repeal of the exemption. Provides
a statement of public necessity.
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