Senate Bill sb0304

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    Florida Senate - 2003                                   SB 304

    By Senator Argenziano





    3-407-03

  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 legislative

10         review and repeal; providing a statement of

11         public necessity; providing an effective date.

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

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15         Section 1.  Paragraph (gg) 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         (gg)  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

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    Florida Senate - 2003                                   SB 304
    3-407-03




 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 3  repealed on October 2, 2008, unless reviewed and saved from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

12  opportunity for identity theft and fraud.  Additionally, the

13  social security number is the only nationwide, unique numeric

14  form of identification.  Release of a customer's social

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

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

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

18  personal records, whether such records are financial,

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

20  Legislature finds that it is a public necessity that personal

21  identifying information regarding a customer of a utility

22  owned or operated by an agency be held exempt because release

23  of such identifying information may create a competitive

24  disadvantage for such a utility.  A private utility is not

25  required by law to disclose any of its customer records to the

26  public.

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

28  law.

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    Florida Senate - 2003                                   SB 304
    3-407-03




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 2                          SENATE SUMMARY

 3    Exempts information held by a utility company owned and
      operated by an agency from the public-records law if that
 4    information personally identifies customers of the
      utility. Provides that the exemption applies to personal
 5    identifying information held by the utility before the
      effective date of the act. Provides for future
 6    legislative review and repeal of the exemption. Provides
      a statement of public necessity.
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