Senate Bill sb1886c1

    Florida Senate - 2002                           CS for SB 1886

    By the Committee on Governmental Oversight and Productivity;
    and Senator Sanderson




    302-2247-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         121.4501, F.S.; creating a public-records

  4         exemption for personal identifying information

  5         regarding participants in the Public Employee

  6         Optional Retirement Program; providing an

  7         exception to the exemption; providing for

  8         future review and repeal; providing a statement

  9         of public necessity; providing an effective

10         date.

11

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

13

14         Section 1.  Subsection (19) is added to section

15  121.4501, Florida Statutes, to read:

16         121.4501  Public Employee Optional Retirement

17  Program.--

18         (19)  PARTICIPANT RECORDS.--All personal identifying

19  information regarding a participant in the Public Employee

20  Optional Retirement Program contained in Florida Retirement

21  System records held by the State Board of Administration or

22  the Department of Management Services, or their agents,

23  employees, or contractors, are exempt from the provisions of

24  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

25  The department or board may use such exempt information as

26  necessary in any legal or administrative proceeding.  This

27  subsection is subject to the Open Government Sunset Review Act

28  of 1995 in accordance with s. 119.15, and shall stand repealed

29  October 2, 2007, unless reviewed and saved from repeal through

30  reenactment by the Legislature.

31

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






    Florida Senate - 2002                           CS for SB 1886
    302-2247-02




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

  2  necessity that such identifying information be made exempt

  3  because release of this information would allow investment

  4  providers who are not approved Public Employee Optional

  5  Retirement Program providers to contact program participants

  6  in order to offer unapproved investment products. This would

  7  be very confusing to program participants because there are

  8  already a number of choices to be made in this area. Also, if

  9  identifying information is released, anyone could find out how

10  much money a participant had with an investment provider and

11  in a particular investment product.  Release of this

12  information would also allow competing approved providers to

13  contact the participants. Release of this information to

14  approved or unapproved providers could prove detrimental to

15  the overall effectiveness and efficiency of the agency's

16  administration of the program. Additionally, this exemption is

17  narrow in that it allows access to information regarding the

18  providers and products that are being selected by program

19  participants and the amount of money invested in those

20  products, but does so without revealing the identity of the

21  individual participant.

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

23  law.

24

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                         Senate Bill 1886

27

28  Narrows the exemption so that it applies to records of
    participants in the Public Employee Optional Retirement
29  Program and not to all members of the Florida Retirement
    System.
30
    Modifies the statement of public necessity based upon the
31  narrowing of the exemption.

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