House Bill hb0445c1

    Florida House of Representatives - 2002              CS/HB 445

        By the Council for Smarter Government and Representatives
    Hogan and Cantens





  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         specified personal identifying information

  6         relating to a utility customer held by a

  7         utility owned or operated by an agency;

  8         providing for retroactive application of the

  9         exemption; providing for future review and

10         repeal; providing a statement of public

11         necessity; providing an effective date.

12

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

14

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

16  of section 119.07, Florida Statutes, to read:

17         119.07  Inspection, examination, and duplication of

18  records; exemptions.--

19         (3)

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

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

22  telecommunications utility, owned or operated by an agency,

23  which information identifies a customer of such utility is

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

25  Constitution.  Personal identifying information includes a

26  customer's name; social security number; taxpayer

27  identification number; address; telephone number; bank account

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

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

30  personal identifying information held by such utility before,

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

                                  1

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






    Florida House of Representatives - 2002              CS/HB 445

    405-130-02






  1  paragraph is subject to the Open Government Sunset Review Act

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

  3  repealed on October 2, 2007, unless reviewed and saved from

  4  repeal through reenactment by the Legislature.

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

  6  necessity that a utility customer's social security number;

  7  taxpayer identification number; bank account number; driver

  8  identification number; and debit, charge, and credit card

  9  numbers made exempt by this act be held exempt from public

10  disclosure because such identifying information is sensitive,

11  personal information which if released creates the opportunity

12  for identity 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

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

16  number can provide with regard to an individual.  A social

17  security number is often the link to an individual's personal

18  records, whether such records are financial, educational,

19  medical, or familial in nature.  Furthermore, the Legislature

20  finds that it is a public necessity that personal identifying

21  information regarding a customer of a utility owned or

22  operated by an agency be held exempt because release of such

23  identifying information may create a competitive disadvantage

24  for such a utility.  A private utility is not required by law

25  to disclose any of its customer records to the public.

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

27  law.

28

29

30

31

                                  2

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