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

    688-199A-02






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  2                          HOUSE SUMMARY

  3
      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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