House Bill hb0935e1

                                           HB 935, First Engrossed



  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; providng for future

  8         review and repeal; providing a statement of

  9         public necessity; providing an effective date.

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

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

14  121.4501, Florida Statutes, to read:

15         121.4501  Public Employee Optional Retirement

16  Program.--

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

18  information regarding a participant in the Public Employee

19  Optional Retirement Program contained in Florida Retirement

20  System records held by the State Board of Administration or

21  the Department of Management Services, or their agents,

22  employees, or contractors are exempt from the provisions of s.

23  119.07(1) and s. 24(a), Art. I of the State Constitution.  The

24  department or board may use such exempt information as

25  necessary in any legal or administrative proceeding.  This

26  subsection is subject to the Open Government Sunset Review Act

27  of 1995 in accordance with s. 119.15, and shall stand repealed

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

29  reenactment by the Legislature.

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

31  necessity that such identifying information be made exempt


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






                                           HB 935, First Engrossed



  1  because release of this information would allow investment

  2  providers who are not approved Public Employee Optional

  3  Retirement Program providers to contact program participants

  4  in order to offer unapproved investment products. This would

  5  be very confusing to program participants because there are

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

  7  identifying information is released then anyone could find out

  8  how much money a participant had with an investment provider

  9  and in a particular investment product.  Release of this

10  information would also allow competing approved providers to

11  contact the participants. Release of this information to

12  approved or unapproved providers could prove detrimental to

13  the overall effectiveness and efficiency of the agency's

14  administration of the program. Additionally, this exemption is

15  narrow in that it allows access to information regarding the

16  providers and products that are being selected by program

17  participants and the amount of money invested in those

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

19  individual participant.

20         Section 3.  This act shall take effect upon becoming

21  law.

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