HB 0451 2003
1	A bill to be entitled
2	An act relating to public records exemptions; amending s.
3	119.07, F.S.; providing an exemption from public records
4	requirements for specified personal identifying
5	information relating to a utility customer held by a
6	utility owned or operated by an agency; providing for
7	retroactive application of the exemption; providing for
8	future review and repeal; providing a statement of public
9	necessity; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Paragraph (gg) is added to subsection (3) of
14	section 119.07, Florida Statutes, to read:
15	119.07 Inspection, examination, and duplication of
16	records; exemptions.--
17	(3)
18	(gg) Personal identifying information held by a water,
19	wastewater, natural gas, electric, cable television, or
20	telecommunications utility, owned or operated by an agency,
21	which information identifies a customer of such utility is
22	exempt from subsection (1) and s. 24(a), Art. I of the State
23	Constitution. Personal identifying information includes a
24	customer's name; social security number; taxpayer identification
25	number; address; telephone number; bank account number; debit,
26	charge, and credit card numbers; and driver identification
27	number. This exemption applies to a customer's personal
28	identifying information held by such utility before, on, or
29	after the effective date of this exemption. This paragraph is
30	subject to the Open Government Sunset Review Act of 1995, in
31	accordance with s. 119.15, and shall stand repealed on October
32	2, 2008, unless reviewed and saved from repeal through
33	reenactment by the Legislature.
34	Section 2. The Legislature finds that it is a public
35	necessity that a utility customer's social security number;
36	taxpayer identification number; bank account number; driver
37	identification number; and debit, charge, and credit card
38	numbers made exempt by this act be held exempt from public
39	disclosure because such identifying information is sensitive,
40	personal information which if released creates the opportunity
41	for identity theft and fraud. Additionally, the social security
42	number is the only nationwide, unique numeric form of
43	identification. Release of a customer's social security number
44	is of concern due to the amount of information such number can
45	provide with regard to an individual. A social security number
46	is often the link to an individual's personal records, whether
47	such records are financial, educational, medical, or familial in
48	nature. Furthermore, the Legislature finds that it is a public
49	necessity that personal identifying information regarding a
50	customer of a utility owned or operated by an agency be held
51	exempt because release of such identifying information may
52	create a competitive disadvantage for such a utility. A private
53	utility is not required by law to disclose any of its customer
54	records to the public.
55	Section 3. This act shall take effect upon becoming a law.