Senate Bill sb0348er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 348, 1st Engrossed
1
2 An act relating to public records; amending s.
3 119.07, F.S.; creating an exemption from
4 public-records requirements; providing for the
5 confidentiality of personal identifying
6 information contained in records for United
7 States attorneys, assistant United States
8 attorneys, judges of the United States Courts
9 of Appeal, United States district judges,
10 United States magistrate judges, and their
11 spouses and children; providing for future
12 repeal and legislative review under the Open
13 Government Sunset Review Act of 1995; providing
14 a statement of public necessity; amending s.
15 119.07, F.S.; providing an exemption from
16 public records requirements for social security
17 numbers of agency employees upon written
18 request; providing for an exception to the
19 exemption; providing for future review and
20 repeal; providing a statement of public
21 necessity; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraph (i) of subsection (3) of section
26 119.07, Florida Statutes, is amended to read:
27 119.07 Inspection, examination, and duplication of
28 records; exemptions.--
29 (3)
30 (i)1. The home addresses, telephone numbers, social
31 security numbers, and photographs of active or former law
1
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 348, 1st Engrossed
1 enforcement personnel, including correctional and correctional
2 probation officers, personnel of the Department of Children
3 and Family Services whose duties include the investigation of
4 abuse, neglect, exploitation, fraud, theft, or other criminal
5 activities, personnel of the Department of Health whose duties
6 are to support the investigation of child abuse or neglect,
7 and personnel of the Department of Revenue or local
8 governments whose responsibilities include revenue collection
9 and enforcement or child support enforcement; the home
10 addresses, telephone numbers, social security numbers,
11 photographs, and places of employment of the spouses and
12 children of such personnel; and the names and locations of
13 schools and day care facilities attended by the children of
14 such personnel are exempt from the provisions of subsection
15 (1). The home addresses, telephone numbers, and photographs of
16 firefighters certified in compliance with s. 633.35; the home
17 addresses, telephone numbers, photographs, and places of
18 employment of the spouses and children of such firefighters;
19 and the names and locations of schools and day care facilities
20 attended by the children of such firefighters are exempt from
21 subsection (1). The home addresses and telephone numbers of
22 justices of the Supreme Court, district court of appeal
23 judges, circuit court judges, and county court judges; the
24 home addresses, telephone numbers, and places of employment of
25 the spouses and children of justices and judges; and the names
26 and locations of schools and day care facilities attended by
27 the children of justices and judges are exempt from the
28 provisions of subsection (1). The home addresses, telephone
29 numbers, social security numbers, and photographs of current
30 or former state attorneys, assistant state attorneys,
31 statewide prosecutors, or assistant statewide prosecutors; the
2
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 348, 1st Engrossed
1 home addresses, telephone numbers, social security numbers,
2 photographs, and places of employment of the spouses and
3 children of current or former state attorneys, assistant state
4 attorneys, statewide prosecutors, or assistant statewide
5 prosecutors; and the names and locations of schools and day
6 care facilities attended by the children of current or former
7 state attorneys, assistant state attorneys, statewide
8 prosecutors, or assistant statewide prosecutors are exempt
9 from subsection (1) and s. 24(a), Art. I of the State
10 Constitution.
11 2. The home addresses, telephone numbers, social
12 security numbers, and photographs of current or former human
13 resource, labor relations, or employee relations directors,
14 assistant directors, managers, or assistant managers of any
15 local government agency or water management district whose
16 duties include hiring and firing employees, labor contract
17 negotiation, administration, or other personnel-related
18 duties; the names, home addresses, telephone numbers, social
19 security numbers, photographs, and places of employment of the
20 spouses and children of such personnel; and the names and
21 locations of schools and day care facilities attended by the
22 children of such personnel are exempt from subsection (1) and
23 s. 24(a), Art. I of the State Constitution. This subparagraph
24 is subject to the Open Government Sunset Review Act of 1995 in
25 accordance with s. 119.15, and shall stand repealed on October
26 2, 2006, unless reviewed and saved from repeal through
27 reenactment by the Legislature.
28 3. The home addresses, telephone numbers, social
29 security numbers, and photographs of current or former United
30 States attorneys and assistant United States attorneys; the
31 home addresses, telephone numbers, social security numbers,
3
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 348, 1st Engrossed
1 photographs, and places of employment of the spouses and
2 children of current or former United States attorneys and
3 assistant United States attorneys; and the names and locations
4 of schools and day care facilities attended by the children of
5 current or former United States attorneys and assistant United
6 States attorneys are exempt from subsection (1) and s. 24(a),
7 Art. I of the State Constitution. This subparagraph is subject
8 to the Open Government Sunset Review Act of 1995 in accordance
9 with s. 119.15 and shall stand repealed on October 2, 2009,
10 unless reviewed and saved from repeal through reenactment by
11 the Legislature.
12 4. The home addresses, telephone numbers, social
13 security numbers, and photographs of current or former judges
14 of United States Courts of Appeal, United States district
15 judges, and United States magistrate judges; the home
16 addresses, telephone numbers, social security numbers,
17 photographs, and places of employment of the spouses and
18 children of current or former judges of United States Courts
19 of Appeal, United States district judges, and United States
20 magistrate judges; and the names and locations of schools and
21 day care facilities attended by the children of current or
22 former judges of United States Courts of Appeal, United States
23 district judges, and United States magistrate judges are
24 exempt from subsection (1) and s. 24(a), Art. I of the State
25 Constitution. This subparagraph is subject to the Open
26 Government Sunset Review Act of 1995 in accordance with s.
27 119.15, and shall stand repealed on October 2, 2009, unless
28 reviewed and saved from repeal through reenactment by the
29 Legislature.
30 5.3. The home addresses, telephone numbers, social
31 security numbers, and photographs of current or former code
4
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 348, 1st Engrossed
1 enforcement officers; the names, home addresses, telephone
2 numbers, social security numbers, photographs, and places of
3 employment of the spouses and children of such persons; and
4 the names and locations of schools and day care facilities
5 attended by the children of such persons are exempt from
6 subsection (1) and s. 24(a), Art. I of the State Constitution.
7 This subparagraph is subject to the Open Government Sunset
8 Review Act of 1995 in accordance with s. 119.15, and shall
9 stand repealed on October 2, 2006, unless reviewed and saved
10 from repeal through reenactment by the Legislature.
11 6.4. An agency that is the custodian of the personal
12 information specified in subparagraph 1., subparagraph 2.,or
13 subparagraph 3., subparagraph 4., or subparagraph 5., and that
14 is not the employer of the officer, employee, justice, judge,
15 or other person specified in subparagraph 1., subparagraph
16 2.,or subparagraph 3., subparagraph 4., or subparagraph 5.,
17 shall maintain the confidentiality of the personal information
18 only if the officer, employee, justice, judge, other person,
19 or employing agency of the designated employee submits a
20 written request for confidentiality to the custodial agency.
21 Section 2. The Legislature finds that the exemption
22 from public-records requirements provided for by this act for
23 identifying and locating information relating to current and
24 former United States attorneys, assistant United States
25 attorneys, judges of the United States Courts of Appeal,
26 United States district judges, United States magistrate
27 judges, and their families is a public necessity. Current and
28 former United States attorneys, assistant United States
29 attorneys, judges of the United States Courts of Appeal,
30 United States district judges, and United States magistrate
31 judges interact with accused and convicted criminals every day
5
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 348, 1st Engrossed
1 of their careers. The capacity in which they deal with the
2 accused and the convicted does not create good will among the
3 accused, the convicted, their associates, or their families.
4 United States attorneys and assistant United States attorneys
5 determine the severity of the charges brought, file charges
6 against the accused, and prosecute alleged criminals every
7 day. Further, current and former judges of the United States
8 Courts of Appeal, United States district judges, and United
9 States magistrate judges make rulings during trials, impose
10 sentences on the convicted, or review cases from other courts.
11 As such, the duties of these current or former attorneys and
12 judges do not create good will among the accused, the
13 convicted, their associates, and families, and make those
14 federal attorneys and judges potential targets for acts of
15 revenge. Further, their duties make their spouses and children
16 potential targets for acts of revenge. If identifying or
17 location information were available, the safety and welfare of
18 federal attorneys and judges, and their spouses and children,
19 could be seriously jeopardized. Accordingly, it is a public
20 necessity that identifying and personal information be made
21 exempt. Thus, the Legislature finds there to be a public
22 necessity to protect identifying and locating information of
23 current and former United States attorneys and assistant
24 United States attorneys, judges of the United States Courts of
25 Appeal, United States district judges, and United States
26 magistrate judges, and their spouses and children.
27 Section 3. Paragraph (x) of subsection (3) of section
28 119.07, Florida Statutes, is amended to read:
29 119.07 Inspection, examination, and duplication of
30 records; exemptions.--
31 (3)
6
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 348, 1st Engrossed
1 (x)1. The social security numbers of all current and
2 former agency employees which numbers are contained in agency
3 employment records are exempt from subsection (1) and exempt
4 from s. 24(a), Art. I of the State Constitution. As used in
5 this paragraph, the term "agency" means an agency as defined
6 in s. 119.011.
7 2. An agency that is the custodian of a social
8 security number specified in subparagraph 1. and that is not
9 the employing agency shall maintain the exempt status of the
10 social security number only if the employee or the employing
11 agency of the employee submits a written request for
12 confidentiality to the custodial agency. However, upon a
13 request by a commercial entity as provided in s. 119.0721 the
14 custodial agency shall release the last four digits of the
15 exempt social security number, except that a social security
16 number provided in a lien filed with the Department of State
17 shall be released in its entirety. This subparagraph is
18 subject to the Open Government Sunset Review Act of 1995 in
19 accordance with s. 119.15 and shall stand repealed on October
20 2, 2009, unless reviewed and saved from repeal through
21 reenactment by the Legislature.
22 Section 4. The Legislature finds that it is a public
23 necessity that social security numbers of agency employees
24 held by an agency be made exempt from public disclosure. The
25 Legislature also finds that it is no longer a necessity to
26 allow commercial entities access to complete social security
27 numbers of agency employees if the employee or the employing
28 agency of that employee has submitted a written request for
29 confidentiality of his or her social security number.
30 Commercial entities have cited a number of reasons for needing
31 access to the complete social security numbers of agency
7
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 348, 1st Engrossed
1 employees when held by government agencies. The prevailing
2 needs are for commercial entity verification of the accuracy
3 of personal information received by such entity and for
4 commercial entity use in matching, verifying, or retrieving
5 information. A commercial entity can continue to verify the
6 accuracy of personal information received using only the last
7 four digits of social security numbers of agency employees. A
8 commercial entity can also continue matching, verifying, or
9 retrieving information utilizing the last four digits of such
10 numbers. Additionally, commercial entities are still provided
11 access to complete social security numbers of agency employees
12 provided in a lien filed with the Department of State. The
13 social security number is not the only source of information a
14 business can utilize for such purposes. Commercial entities
15 can also use an employee's date of birth or maiden name for
16 matching, verifying, or retrieving information regarding an
17 individual. As such, a commercial entity's performance will
18 not be hampered if access to social security numbers is
19 limited to the last four digits of such employee's social
20 security number. Further, social security numbers are of a
21 sensitive personal nature and are often the link to an
22 individual's personal, financial, medical, or familial
23 records. It is the only nationwide, unique numeric form of
24 identification in existence in the United States. Commercial
25 entity access to such numbers in their entirety could lead to
26 misuse of those numbers. Such misuse could lead to increased
27 opportunities of fraud and identity theft. As such, the
28 Legislature finds that the harm from disclosing to commercial
29 entities complete social security numbers of agency employees
30 who have requested confidentiality of such numbers outweighs
31 any public benefit that can be derived from commercial entity
8
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 348, 1st Engrossed
1 access to such numbers, as opposed to access that is
2 restricted to the final four digits of such social security
3 numbers.
4 Section 5. This act shall take effect July 1, 2004.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9
CODING: Words stricken are deletions; words underlined are additions.