House Bill hb0543e1

                                           HB 543, First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         717.117, F.S.; creating an exemption from

  4         public records requirements for social security

  5         numbers and financial account numbers contained

  6         in reports required under s. 717.117, F.S.,

  7         held by the Department of Banking and Finance;

  8         providing exceptions to the exemption;

  9         providing retroactive application of the

10         exemption; providing for future review and

11         repeal; providing a statement of public

12         necessity; providing an effective date.

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

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16         Section 1.  Subsection (8) is added to section 717.117,

17  Florida Statutes, to read:

18         717.117  Report of unclaimed property.--

19         (8)  Social security numbers and financial account

20  numbers contained in reports required under this section, held

21  by the Department of Banking and Finance, are confidential and

22  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

23  Constitution. Notwithstanding this exemption, social security

24  numbers shall be released, for the limited purpose of locating

25  owners of abandoned or unclaimed property, to an attorney,

26  Florida-certified public accountant, private investigator who

27  is duly licensed in this state, or a private investigative

28  agency licensed under chapter 493 and registered with the

29  Department of Banking and Finance under chapter 717.  This

30  exemption applies to social security numbers and financial

31  account numbers held by the Department of Banking and Finance


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                                           HB 543, First Engrossed



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

  2  This subsection is subject to the Open Government Sunset

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

  4  stand repealed October 2, 2007, unless reviewed and saved from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 social security numbers and financial account

  8  numbers of apparent owners of abandoned or unclaimed property

  9  which are in the custody of the Department of Banking and

10  Finance be made confidential and exempt in order to prevent

11  identity theft and related crimes. The Legislature further

12  finds that this exemption is a public necessity in order to

13  prevent the use of such information in forged documents

14  demonstrating entitlement to abandoned or unclaimed property

15  and thereby defrauding the rightful property owner or the

16  State School Fund. Additionally, the social security number is

17  the only nationwide, unique numeric form of identification.

18  Release of a person's social security number is of concern due

19  to the amount of information such number can provide on an

20  individual.  A social security number is often the link to an

21  individual's personal records, whether such records are

22  financial, educational, medical, or familial in nature. It is

23  necessary, however, to provide access to social security

24  numbers to an attorney, Florida-certified public accountant,

25  private investigator duly licensed in this state, or private

26  investigative agencies that are licensed under chapter 493,

27  Florida Statutes and registered with the Department of Banking

28  and Finance in order to facilitate the location and return of

29  unclaimed property to rightful owners. The Legislature further

30  finds that attorneys, Florida-certified public accountants,

31  private investigators, and private investigative agencies are


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                                           HB 543, First Engrossed



  1  subject to more stringent regulation and oversight than the

  2  public as a whole. In addition, such professionals are the

  3  only persons authorized to file claims on behalf of apparent

  4  owners of abandoned or unclaimed property pursuant to chapter

  5  717, Florida Statutes.

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

  7  law.

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