Senate Bill sb2440c1
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Florida Senate - 2003 CS for SB 2440
By the Committee on Banking and Insurance; and Senator
Campbell
311-2522-03
1 A bill to be entitled
2 An act relating to public records; repealing s.
3 717.117(8), F.S., relating to the
4 public-records exemption for social security
5 numbers and financial account numbers contained
6 in reports of unclaimed property held by the
7 Department of Financial Services; creating s.
8 717.1171, F.S.; providing an exemption from
9 public-records requirements for social security
10 numbers, dollar amounts of unclaimed property
11 accounts, the number of reported shares of
12 stock, and financial account numbers held by
13 the Department of Financial Services; providing
14 exceptions to the exemption; providing for
15 retroactive application of the exemption;
16 providing for the confidentiality of the
17 information when used in an administrative or
18 judicial proceeding; authorizing the disclosure
19 in good faith of confidential and exempt
20 information to a person who is believed by an
21 attorney, state-certified public accountant,
22 private investigator, or private investigative
23 agency, or an employee thereof, to be entitled
24 to the unclaimed property; authorizing the
25 disclosure in good faith of confidential and
26 exempt information to a person who is believed
27 by the Department of Financial Services, or an
28 employee thereof, to be entitled to the
29 unclaimed property; requiring that the
30 confidential and exempt status of the
31 information received be maintained; providing
1
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Florida Senate - 2003 CS for SB 2440
311-2522-03
1 for criminal penalties; providing a statement
2 of public necessity; providing an effective
3 date.
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5 Be It Enacted by the Legislature of the State of Florida:
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7 Section 1. Subsection (8) of section 717.117, Florida
8 Statutes, is repealed.
9 Section 2. Section 717.1171, Florida Statutes, is
10 created to read:
11 717.1171 Public-records exemptions relating to
12 unclaimed property; criminal penalties.--
13 (1)(a) The social security numbers, unclaimed property
14 account dollar amounts in excess of $150, the number of
15 reported shares of stock, and the financial account numbers
16 held by the department are confidential and exempt from s.
17 119.07(1), and s. 24(a), Art. I, of the State Constitution.
18 Notwithstanding this exemption, the department may release
19 this information to an attorney, a state-certified public
20 accountant, a private investigator who is licensed in this
21 state, or a private investigative agency licensed under
22 chapter 493, for the limited purpose of locating owners of
23 unclaimed property. Any designated recipient receiving the
24 information shall maintain the status of such information as
25 confidential and exempt from public disclosure. This
26 exemption applies to the social security numbers, the
27 unclaimed property account dollar amounts, the number of
28 reported shares of stock, and financial account numbers held
29 by the department before, on, or after the effective date of
30 this exemption.
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Florida Senate - 2003 CS for SB 2440
311-2522-03
1 (b) Information made confidential and exempt from
2 public disclosure by this section may be used, as needed, in
3 any administrative or judicial proceeding if such information
4 is kept confidential and exempt from public disclosure, unless
5 otherwise ordered by a court.
6 (c) An attorney, a state-certified public accountant,
7 a private investigator who is licensed in this state, or a
8 private investigative agency licensed under chapter 493, or an
9 employee thereof, may disclose, in good faith, the information
10 made confidential and exempt from public disclosure by this
11 section to a person who the attorney, the state-certified
12 public accountant, the private investigator, or the private
13 investigative agency believes to be entitled to the unclaimed
14 property.
15 (d) The department, or an employee thereof, may
16 disclose, in good faith, the information made confidential and
17 exempt from public disclosure by this section to a person who
18 the department believes to be entitled to the unclaimed
19 property.
20 (2) Any person who willfully and knowingly violates
21 the provisions of this section commits a felony of the third
22 degree, punishable as provided in s. 775.082 or s. 775.083.
23 Section 3. Section 717.1171, Florida Statutes, is
24 subject to the Open Government Sunset Review Act of 1995 in
25 accordance with section 119.15, Florida Statutes, and shall
26 stand repealed on October 2, 2008, unless reviewed and saved
27 from repeal through reenactment by the Legislature.
28 Section 4. (1) The Legislature finds that it is a
29 public necessity that social security numbers and financial
30 account numbers of apparent owners of unclaimed property in
31 the custody of the Department of Financial Services be made
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Florida Senate - 2003 CS for SB 2440
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1 confidential and exempt from public disclosure in order to
2 prevent identity theft and related crimes. The Legislature
3 further finds that this exemption is a public necessity in
4 order to prevent the use of such information in forged
5 documents demonstrating entitlement to unclaimed property and
6 thereby defrauding the rightful property owner or the State
7 School Fund. Additionally, the social security number is the
8 only nationwide, unique numeric form of identification.
9 Revealing a person's social security number is of concern due
10 to the quantity of information that can be obtained by the
11 person in possession of the social security number. A social
12 security number is often the link to an individual's personal
13 records, whether such records are financial, educational,
14 medical, or familial in nature.
15 (2) The Legislature finds that it is a public
16 necessity that unclaimed property account dollar amounts in
17 excess of $150 and the number of reported shares of stock,
18 which are in the custody of the Department of Financial
19 Services, be made confidential and exempt in order to prevent
20 unclaimed property fraud and related crimes. The Legislature
21 further finds that this exemption is a public necessity in
22 order to prevent criminal elements from using such information
23 to identify which accounts to claim by using forged documents
24 demonstrating entitlement to unclaimed property thereby
25 defrauding the rightful property owner or the State School
26 Fund.
27 (3) It is necessary to provide access for an attorney,
28 a state-certified public accountant, a private investigator
29 licensed in this state, or a private investigative agency that
30 is licensed under chapter 493, Florida Statutes, or for an
31 employee thereof, to the social security numbers, unclaimed
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Florida Senate - 2003 CS for SB 2440
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1 property account dollar amounts, financial account numbers,
2 and the number of reported shares of stock in order to
3 facilitate the location and return of unclaimed property to
4 rightful owners. The Legislature further finds that
5 attorneys, state-certified public accountants, private
6 investigators, and private investigative agencies are subject
7 to more stringent regulation and oversight than the public as
8 a whole. In addition, such professionals are the only persons
9 authorized to file claims on behalf of apparent owners of
10 unclaimed property under section 717.124, Florida Statutes.
11 (4) It is also necessary to permit an attorney,
12 state-certified public accountant, private investigator
13 licensed in this state, or private investigative agency that
14 is licensed under chapter 493, Florida Statutes, or an
15 employee thereof, to disclose in good faith the social
16 security numbers, unclaimed property account dollar amounts,
17 financial account numbers, and the number of reported shares
18 of stock to any person who the attorney, state-certified
19 public accountant, private investigator, or private
20 investigative agency, or employee thereof, believes to be
21 entitled to the unclaimed property in order to facilitate the
22 return of unclaimed property to its rightful owner.
23 (5) It is necessary to permit the department, or an
24 employee thereof, to disclose in good faith social security
25 numbers, unclaimed property account dollar amounts, and the
26 number of reported shares of stock to a person who the
27 department, or an employee thereof, believes to be entitled to
28 the unclaimed property in order to facilitate the return of
29 unclaimed property to rightful owners.
30 Section 5. This act shall take effect upon becoming a
31 law.
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Florida Senate - 2003 CS for SB 2440
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2440
3
4 The committee substitute does the following:
5 - Creates s. 717.1171, F.S., which provides a public
records exemption for social security numbers, financial
6 account numbers, unclaimed property account dollar
amounts over $150, and the number of reported shares of
7 stock held by the Department of Financial Services for
the purpose of disposing of unclaimed property.
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- Provides exceptions to the public records exemption
9 contained in the act. Exempt materials may be disclosed
to a qualified party as specified in the statute, or to a
10 person believed in good faith to be entitled to the
unclaimed property.
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- Provides that a violation of the act is punishable as a
12 third-degree felony.
13 - Provides statements of public necessity for each of the
types of information that the bill makes exempt from
14 public disclosure.
15 - Eliminates subsection (8) of s. 717.117, Florida
Statutes.
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- Provides for future review and repeal of the act on
17 October 2, 2008.
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