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

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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.

 4  

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

 6  

 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 8  Statutes, is repealed.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.

31  

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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
    311-2522-03




 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
    311-2522-03




 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
    311-2522-03




 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.
 8  
    -    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.
11  
    -    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.
16  
    -    Provides for future review and repeal of the act on
17       October 2, 2008.

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