Senate Bill sb1250

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1250

    By Senator Margolis





    35-922-06

  1                      A bill to be entitled

  2         An act relating to the use of social security

  3         numbers; amending s. 119.071, F.S.; requiring

  4         agencies to redact social security numbers

  5         prior to the disposal of records; creating s.

  6         627.4207, F.S.; prohibiting the use of social

  7         security numbers on insurance identification

  8         cards; creating s. 1004.087, F.S.; prohibiting

  9         the use of social security numbers on student

10         identification cards issued by community

11         colleges or state universities; creating s.

12         1005.08, F.S.; prohibiting the use of social

13         security numbers on student identification

14         cards issued by private institutions of

15         postsecondary education; amending s. 1008.386,

16         F.S.; prohibiting the use of a public school

17         student's social security number on a student

18         identification card; prohibiting the use of

19         social security numbers to obtain certain goods

20         or services except as legally required;

21         prohibiting the public posting or public

22         display of social security numbers; prohibiting

23         the use of such numbers on cards necessary for

24         accessing products or services; prohibiting the

25         use of such numbers on certain information sent

26         by mail; prohibiting the unsecured posting of

27         such numbers on the Internet; allowing uses

28         prohibited by this act under certain

29         conditions; allowing an individual to stop such

30         uses; providing applicability; authorizing the

31         Attorney General or state attorney to bring

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1         suit and collect civil penalties, including

 2         attorney's fees and costs; providing an

 3         effective date.

 4  

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

 6  

 7         Section 1.  Paragraph (a) of subsection (5) of section

 8  119.071, Florida Statutes, is amended to read:

 9         119.071  General exemptions from inspection or copying

10  of public records.--

11         (5)  OTHER PERSONAL INFORMATION.--

12         (a)1.  The Legislature acknowledges that the social

13  security number was never intended to be used for business

14  purposes but was intended to be used solely for the

15  administration of the federal Social Security System. The

16  Legislature is further aware that over time this unique

17  numeric identifier has been used extensively for identity

18  verification purposes and other legitimate consensual

19  purposes. The Legislature is also cognizant of the fact that

20  the social security number can be used as a tool to perpetuate

21  fraud against a person and to acquire sensitive personal,

22  financial, medical, and familial information, the release of

23  which could cause great financial or personal harm to an

24  individual. The Legislature intends to monitor the commercial

25  use of social security numbers held by state agencies in order

26  to maintain a balanced public policy.

27         2.  An agency shall not collect an individual's social

28  security number unless authorized by law to do so or unless

29  the collection of the social security number is otherwise

30  imperative for the performance of that agency's duties and

31  responsibilities as prescribed by law. Social security numbers

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1  collected by an agency must be relevant to the purpose for

 2  which collected and shall not be collected until and unless

 3  the need for social security numbers has been clearly

 4  documented. An agency that collects social security numbers

 5  shall also segregate that number on a separate page from the

 6  rest of the record, or as otherwise appropriate, in order that

 7  the social security number be more easily redacted, if

 8  required, pursuant to a public records request. An agency

 9  collecting a person's social security number shall, upon that

10  person's request, at the time of or prior to the actual

11  collection of the social security number by that agency,

12  provide that person with a statement of the purpose or

13  purposes for which the social security number is being

14  collected and used. Social security numbers collected by an

15  agency shall not be used by that agency for any purpose other

16  than the purpose stated. Social security numbers collected by

17  an agency prior to May 13, 2002, shall be reviewed for

18  compliance with this subparagraph. If the collection of a

19  social security number prior to May 13, 2002, is found to be

20  unwarranted, the agency shall immediately discontinue the

21  collection of social security numbers for that purpose. Before

22  disposing of a record that includes a social security number,

23  an agency must ensure that the social security number is

24  redacted from the record.

25         3.  Effective October 1, 2002, all social security

26  numbers held by an agency are confidential and exempt from s.

27  119.07(1) and s. 24(a), Art. I of the State Constitution. This

28  exemption applies to all social security numbers held by an

29  agency before, on, or after the effective date of this

30  exemption.

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1         4.  Social security numbers may be disclosed to another

 2  governmental entity or its agents, employees, or contractors

 3  if disclosure is necessary for the receiving entity to perform

 4  its duties and responsibilities. The receiving governmental

 5  entity and its agents, employees, and contractors shall

 6  maintain the confidential and exempt status of such numbers.

 7         5.  An agency shall not deny a commercial entity

 8  engaged in the performance of a commercial activity as defined

 9  in s. 14.203 or its agents, employees, or contractors access

10  to social security numbers, provided the social security

11  numbers will be used only in the normal course of business for

12  legitimate business purposes, and provided the commercial

13  entity makes a written request for social security numbers,

14  verified as provided in s. 92.525, legibly signed by an

15  authorized officer, employee, or agent of the commercial

16  entity. The verified written request must contain the

17  commercial entity's name, business mailing and location

18  addresses, business telephone number, and a statement of the

19  specific purposes for which it needs the social security

20  numbers and how the social security numbers will be used in

21  the normal course of business for legitimate business

22  purposes. The aggregate of these requests shall serve as the

23  basis for the agency report required in subparagraph 8. An

24  agency may request any other information reasonably necessary

25  to verify the identity of the entity requesting the social

26  security numbers and the specific purposes for which such

27  numbers will be used; however, an agency has no duty to

28  inquire beyond the information contained in the verified

29  written request. A legitimate business purpose includes

30  verification of the accuracy of personal information received

31  by a commercial entity in the normal course of its business;

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1  use in a civil, criminal, or administrative proceeding; use

 2  for insurance purposes; use in law enforcement and

 3  investigation of crimes; use in identifying and preventing

 4  fraud; use in matching, verifying, or retrieving information;

 5  and use in research activities. A legitimate business purpose

 6  does not include the display or bulk sale of social security

 7  numbers to the general public or the distribution of such

 8  numbers to any customer that is not identifiable by the

 9  distributor.

10         6.  Any person who makes a false representation in

11  order to obtain a social security number pursuant to this

12  paragraph, or any person who willfully and knowingly violates

13  this paragraph, commits a felony of the third degree,

14  punishable as provided in s. 775.082 or s. 775.083. Any public

15  officer who violates this paragraph is guilty of a noncriminal

16  infraction, punishable by a fine not exceeding $500. A

17  commercial entity that provides access to public records

18  containing social security numbers in accordance with this

19  paragraph is not subject to the penalty provisions of this

20  subparagraph.

21         7.a.  On or after October 1, 2002, a person preparing

22  or filing a document to be recorded in the official records by

23  the county recorder as provided for in chapter 28 may not

24  include any person's social security number in that document,

25  unless otherwise expressly required by law. If a social

26  security number is or has been included in a document

27  presented to the county recorder for recording in the official

28  records of the county before, on, or after October 1, 2002, it

29  may be made available as part of the official record available

30  for public inspection and copying.

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1         b.  Any person, or his or her attorney or legal

 2  guardian, has the right to request that a county recorder

 3  remove, from an image or copy of an official record placed on

 4  a county recorder's publicly available Internet website or a

 5  publicly available Internet website used by a county recorder

 6  to display public records or otherwise made electronically

 7  available to the general public by such recorder, his or her

 8  social security number contained in that official record. Such

 9  request must be made in writing, legibly signed by the

10  requester and delivered by mail, facsimile, or electronic

11  transmission, or delivered in person, to the county recorder.

12  The request must specify the identification page number that

13  contains the social security number to be redacted. The county

14  recorder has no duty to inquire beyond the written request to

15  verify the identity of a person requesting redaction. A fee

16  shall not be charged for the redaction of a social security

17  number pursuant to such request.

18         c.  A county recorder shall immediately and

19  conspicuously post signs throughout his or her offices for

20  public viewing and shall immediately and conspicuously post,

21  on any Internet website or remote electronic site made

22  available by the county recorder and used for the ordering or

23  display of official records or images or copies of official

24  records, a notice stating, in substantially similar form, the

25  following:

26         (I)  On or after October 1, 2002, any person preparing

27  or filing a document for recordation in the official records

28  may not include a social security number in such document,

29  unless required by law.

30         (II)  Any person has a right to request a county

31  recorder to remove, from an image or copy of an official

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1  record placed on a county recorder's publicly available

 2  Internet website or on a publicly available Internet website

 3  used by a county recorder to display public records or

 4  otherwise made electronically available to the general public,

 5  any social security number contained in an official record.

 6  Such request must be made in writing and delivered by mail,

 7  facsimile, or electronic transmission, or delivered in person,

 8  to the county recorder. The request must specify the

 9  identification page number that contains the social security

10  number to be redacted. No fee will be charged for the

11  redaction of a social security number pursuant to such a

12  request.

13         d.  Until January 1, 2007, if a social security number,

14  made confidential and exempt pursuant to this paragraph, or a

15  complete bank account, debit, charge, or credit card number

16  made exempt pursuant to paragraph (b) is or has been included

17  in a court file, such number may be included as part of the

18  court record available for public inspection and copying

19  unless redaction is requested by the holder of such number, or

20  by the holder's attorney or legal guardian, in a signed,

21  legibly written request specifying the case name, case number,

22  document heading, and page number. The request must be

23  delivered by mail, facsimile, electronic transmission, or in

24  person to the clerk of the circuit court. The clerk of the

25  circuit court does not have a duty to inquire beyond the

26  written request to verify the identity of a person requesting

27  redaction. A fee may not be charged for the redaction of a

28  social security number or a bank account, debit, charge, or

29  credit card number pursuant to such request.

30         e.  Any person who prepares or files a document to be

31  recorded in the official records by the county recorder as

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1  provided in chapter 28 may not include a person's social

 2  security number or complete bank account, debit, charge, or

 3  credit card number in that document unless otherwise expressly

 4  required by law. Until January 1, 2007, if a social security

 5  number or a complete bank account, debit, charge, or credit

 6  card number is or has been included in a document presented to

 7  the county recorder for recording in the official records of

 8  the county, such number may be made available as part of the

 9  official record available for public inspection and copying.

10  Any person, or his or her attorney or legal guardian, may

11  request that a county recorder remove from an image or copy of

12  an official record placed on a county recorder's publicly

13  available Internet website, or a publicly available Internet

14  website used by a county recorder to display public records

15  outside the office or otherwise made electronically available

16  outside the county recorder's office to the general public,

17  his or her social security number or complete account, debit,

18  charge, or credit card number contained in that official

19  record. Such request must be legibly written, signed by the

20  requester, and delivered by mail, facsimile, electronic

21  transmission, or in person to the county recorder. The request

22  must specify the identification page number of the document

23  that contains the number to be redacted. The county recorder

24  does not have a duty to inquire beyond the written request to

25  verify the identity of a person requesting redaction. A fee

26  may not be charged for redacting such numbers.

27         f.  Subparagraphs 2. and 3. do not apply to the clerks

28  of the court or the county recorder with respect to circuit

29  court records and official records.

30         g.  On January 1, 2007, and thereafter, the clerk of

31  the circuit court and the county recorder must keep complete

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1  bank account, debit, charge, and credit card numbers exempt as

 2  provided for in paragraph (b), and must keep social security

 3  numbers confidential and exempt as provided for in

 4  subparagraph 3., without any person having to request

 5  redaction.

 6         8.  Beginning January 31, 2004, and each January 31

 7  thereafter, every agency must file a report with the Secretary

 8  of State, the President of the Senate, and the Speaker of the

 9  House of Representatives listing the identity of all

10  commercial entities that have requested social security

11  numbers during the preceding calendar year and the specific

12  purpose or purposes stated by each commercial entity regarding

13  its need for social security numbers. If no disclosure

14  requests were made, the agency shall so indicate.

15         9.  Any affected person may petition the circuit court

16  for an order directing compliance with this paragraph.

17         10.  This paragraph does not supersede any other

18  applicable public records exemptions existing prior to May 13,

19  2002, or created thereafter.

20         11.  This paragraph is subject to the Open Government

21  Sunset Review Act in accordance with s. 119.15 and shall stand

22  repealed October 2, 2007, unless reviewed and saved from

23  repeal through reenactment by the Legislature.

24         Section 2.  Section 627.4207, Florida Statutes, is

25  created to read:

26         627.4207  Use of social security number on insured's

27  identification card prohibited.--An insurer may not include an

28  insured's social security number on an identification card

29  issued to the insured or encode or embed a social security

30  number in or on an identification card by any means,

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1  including, but not limited to, by use of a bar code, chip,

 2  magnetic strip, or other technology.

 3         Section 3.  Section 1004.087, Florida Statutes, is

 4  created to read:

 5         1004.087  Use of social security number on student

 6  identification card or badge prohibited.--A community college

 7  or state university may not include the social security number

 8  of a student on a student identification card or badge or

 9  encode or embed a student's social security number in or on an

10  identification card or badge by any means, including, but not

11  limited to, by use of a bar code, chip, magnetic strip, or

12  other technology.

13         Section 4.  Section 1005.08, Florida Statutes, is

14  created to read:

15         1005.08  Use of social security number on student

16  identification card or badge prohibited.--A private school,

17  college, or university may not include the social security

18  number of a student on a student identification card or badge

19  or encode or embed a student's social security number in or on

20  an identification card or badge or encode or embed a student's

21  social security number in or on an identification card or

22  badge by any means, including, but not limited to, by use of a

23  bar code, chip, magnetic strip, or other technology.

24         Section 5.  Section 1008.36, Florida Statutes, is

25  amended to read:

26         1008.386  Social security numbers used as student

27  identification numbers.--Each district school board shall

28  request that each student enrolled in a public school in this

29  state provide his or her social security number. Each school

30  district shall use social security numbers as student

31  identification numbers in the management information system

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1  maintained by the school district. However, a student is not

 2  required to provide his or her social security number as a

 3  condition for enrollment or graduation. Moreover, the

 4  student's social security number may not be included on an

 5  identification card issued to the student and may not be

 6  encoded or embedded in or on an identification card by any

 7  means, including, but not limited to, by use of a bar code,

 8  chip, magnetic strip, or other technology. A student satisfies

 9  the this requirement to provide his or her social security

10  number by presenting to school enrollment officials his or her

11  social security card or a copy of the card. The school

12  district shall include the social security number in the

13  student's permanent records and shall indicate if the student

14  identification number is not a social security number. The

15  Commissioner of Education shall provide assistance to school

16  districts to assure that the assignment of student

17  identification numbers other than social security numbers is

18  kept to a minimum and to avoid duplication of any student

19  identification number.

20         Section 6.  Prohibited use or misappropriation of

21  social security numbers.--

22         (1)(a)  A person may not require an individual to

23  disclose the individual's social security number in order to

24  obtain goods or services or enter into a business transaction

25  with the person unless state or federal law authorizes the

26  person to require the disclosure of the individual's social

27  security number.

28         (b)  This section is inapplicable to a governmental

29  entity and does not prevent the collection of a social

30  security number as authorized or required by state or federal

31  law.

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1         (2)  Except as otherwise provided in this section, a

 2  person may not:

 3         (a)  Publicly post or publicly display in any manner an

 4  individual's social security number. As used in this

 5  paragraph, the terms "publicly post" or "publicly display"

 6  mean to intentionally communicate or otherwise make available

 7  to the public.

 8         (b)  Print an individual's social security number on

 9  any card required for the individual to obtain access to

10  products or services provided by the person or encode or embed

11  an individual's social security number in such a card by any

12  means, including, but not limited to, by use of a bar code,

13  chip, magnetic strip, or other technology.

14         (c)  Print an individual's social security number on

15  any materials that are mailed to the individual, unless state

16  or federal law requires that the social security number be on

17  the document to be mailed. Notwithstanding any provision in

18  this section to the contrary, social security numbers may be

19  included in application and forms sent by mail, including

20  documents sent as part of an application or enrollment

21  process, or to establish, amend, or terminate an account,

22  contract, or policy, or to confirm the accuracy of the social

23  security number.

24         (d)  Print an individual's social security number on a

25  postcard or other mailer that does not require an envelop or

26  in a manner in which the social security number is visible on

27  the envelope or visible without the envelope's being opened.

28         (e)  Require an individual to transmit his or her

29  social security number over the Internet unless the connection

30  is secure or the social security number is encrypted.

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1         (f)  Require an individual to use his or her social

 2  security number to access an Internet website, unless a

 3  password or unique personal identification number or other

 4  authentication device is also required to access the website.

 5         (3)  Except as otherwise provided in this section, a

 6  person or entity that has used an individual's social security

 7  number before July 1, 2006, in a manner inconsistent with this

 8  section may continue using that individual's social security

 9  number in that manner on or after July 1, 2006, if all of the

10  following conditions are met:

11         (a)  The use of the social security number is

12  continuous. If the use is stopped for any reason, subsection

13  (2) applies.

14         (b)  An annual notice of disclosure is provided to the

15  individual which informs the individual that he or she has the

16  right to stop the use of his or her social security number in

17  a manner inconsistent with this section.

18  

19  A written request by an individual to stop the use of his or

20  her social security number must be implemented within 30 days

21  after the receipt of the request. A fee or charge for

22  implementing the request may not be imposed. The person or

23  entity that has used the social security number in a manner

24  inconsistent with this section may not deny services to an

25  individual because the individual has made a written request

26  pursuant to this subsection.

27         (4)  This section does not:

28         (a)  Apply to the collection, use, or release of social

29  security numbers by the state, a subdivision of the state, or

30  an individual in the employ of a state or of a subdivision of

31  the state in connection with his or her official duties.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1         (b)  Apply to documents that are recorded or required

 2  to be open to the public under state or federal law. This

 3  section may not be asserted as a means of avoiding compliance

 4  with a public-records request under the laws of this state.

 5         (c)  Apply to an entity providing an electronic

 6  communications service to the public which is used by another

 7  person to violate this section unless that entity conspires

 8  with another person to violate this section or intentionally

 9  aids and abets another person in the violation of this

10  section.

11         (d)  Prevent the collection, use, or release of a

12  social security number as authorized by state or federal law

13  or the use of a social security number for internal

14  verification or administrative purposes.

15         (5)  The Attorney General or the state attorney in the

16  county in which the violation occurs may:

17         (a)  Bring suit against any person for violating this

18  section;

19         (b)  Seek appropriate injunctive relief; and

20         (c)  Collect civil penalties in the amount of $1,000 or

21  less per violation, together with attorney's fees and costs

22  incurred in the investigation and prosecution of the matter.

23         Section 7.  This act shall take effect July 1, 2006.

24  

25  

26  

27  

28  

29  

30  

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1250
    35-922-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Relates to the use of social security numbers. Requires
      state agencies to redact social security numbers prior to
 4    the disposal of records. Prohibits the use of social
      security numbers on insurance identification cards.
 5    Prohibits the use of social security numbers on student
      identification cards issued by community colleges or
 6    state universities, private postsecondary institutions,
      or public schools. Prohibits requiring the use of social
 7    security numbers to obtain certain goods or services
      except as legally required. Prohibits the public posting
 8    or public display of social security numbers. Prohibits
      the use of such numbers on cards necessary for accessing
 9    products or services. Prohibits the uses of such numbers
      on certain information sent by mail. Prohibits the
10    unsecured posting of such numbers on the Internet. Allows
      uses prohibited by this act under certain conditions, if
11    the uses began before the effective date of the act.
      Allows an individual to stop such uses. Provides
12    applicability of the act. Provides for enforcement.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  15

CODING: Words stricken are deletions; words underlined are additions.