Senate Bill sb0378c1

    Florida Senate - 2002                            CS for SB 378

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Wise




    316-1790-02

  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         amending s. 119.07, F.S.; providing an

  4         exemption from public-records requirements for

  5         an agency owned or operated utility customer's

  6         personal identifying information held by such

  7         utility; providing for retroactive application

  8         of the exemption; providing for future

  9         legislative review and repeal; providing a

10         statement of public necessity; providing an

11         effective date.

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

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15         Section 1.  Paragraph (ee) is added to subsection (3)

16  of section 119.07, Florida Statutes, as amended by section 1

17  of chapter 2001-364, Laws of Florida, to read:

18         119.07  Inspection, examination, and duplication of

19  records; exemptions.--

20         (3)

21         (ee)  Personal identifying information held by a water,

22  wastewater, natural gas, electric, cable television, or

23  telecommunications utility, owned or operated by an agency,

24  which information identifies a customer of such utility is

25  exempt from subsection (1) and s. 24(a), Art. I of the State

26  Constitution. Personal identifying information includes a

27  customer's name; social security number; taxpayer

28  identification number; address; telephone number; bank account

29  number; debit, charge, and credit card numbers; and driver

30  identification number. This exemption applies to a customer's

31  personal identifying information held by such utility before,

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






    Florida Senate - 2002                            CS for SB 378
    316-1790-02




  1  on, or after the effective date of this exemption. This

  2  paragraph is subject to the Open Government Sunset Review Act

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

  4  repealed on October 2, 2007, unless reviewed and saved from

  5  repeal through reenactment by the Legislature.

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

  7  necessity that a customer's social security number; taxpayer

  8  identification number; bank account number; and debit, charge,

  9  and credit card numbers made exempt by this act be held exempt

10  from public disclosure because such numbers are sensitive,

11  personal information that if released creates the opportunity

12  for identify theft and fraud. Additionally, the social

13  security number is the only nationwide, unique numeric form of

14  identification. Release of a customer's social security number

15  is of concern due to the amount of information such number can

16  provide about an individual. A social security number is often

17  the link to an individual's personal records, whether such

18  records are financial, educational, medical, or familial in

19  nature. Furthermore, the Legislature finds that it is a public

20  necessity that personal identifying information regarding a

21  customer of such utility be held exempt because release of

22  such identifying information creates a competitive

23  disadvantage for an agency owned or operated utility. A

24  private utility is not required by law to disclose any of its

25  customer records to the public.

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

27  law.

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    Florida Senate - 2002                            CS for SB 378
    316-1790-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 378

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  4  This CS differs from the bill as filed in the following ways:

  5        It narrows the public records exemption proposed by the
          bill by removing a utility customer's usage records and
  6        payment records from the exemption;

  7        It exempts the customer's taxpayer identification
          number;
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          It specifies that the utility must be agency owned or
  9        operated instead of simply just owned by a public
          entity;
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          It provides for retroactive application of the
11        exemption; and

12        It rewords the statement of public necessity to provide
          more specificity as to the need for the exemption.
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CODING: Words stricken are deletions; words underlined are additions.