HB 1563

1
A bill to be entitled
2An act relating to public records; amending s. 119.071,
3F.S.; revising provisions relating to confidential and
4exempt information that is or has been included in a court
5file and may be included as part of the court record
6available for public inspection and copying; providing
7requirements with respect to a request for redaction;
8revising provisions relating to confidential and exempt
9information included in a document presented to the county
10recorder for recording in the official records of the
11county that may be made available as part of the official
12record available for public inspection and copying;
13revising provisions with respect to a request of a county
14recorder to remove from an image or copy of an official
15record confidential or exempt information contained in the
16official record; providing an additional requirement with
17respect to a request for redaction; specifying that
18provisions which prohibit an agency from denying a
19commercial entity specified access to social security
20numbers and which impose a fine on public officers who
21violate provisions relating to the confidentiality of
22personal information specified in s. 119.071(5)(a), F.S.,
23do not apply to the clerks of court or the county recorder
24with respect to circuit records and official records;
25removing provisions which require the clerk of the circuit
26court and the county recorder, on January 1, 2007, and
27thereafter, to keep complete bank account, debit, charge,
28and credit card numbers exempt and social security numbers
29confidential and exempt without any person having to
30request redaction; requiring that, after a specified date,
31a party or person who files a document with the clerk of
32the court must redact any information deemed confidential
33and exempt by state or federal law before filing the
34document with the clerk of the court and provide a
35statutory citation supporting the exemption; requesting
36the Supreme Court to revise existing forms and to adopt a
37standardized reference sheet of confidential information
38for use in documents having information made confidential
39and exempt from inspection; providing procedures and
40requirements of clerks of court with respect to such
41reference sheets; providing for sealing of documents in
42court records; providing for the inspection of documents;
43providing for challenge of the basis of redaction;
44providing requirements of a clerk of court or county
45comptroller with respect to the redaction of specified
46information from a document from a court file or official
47record published on a publicly available website;
48providing procedures to be used when a person or party
49files a confidential document taken from one court file to
50be placed in another court file; requiring clerks of court
51to display and publish specified notice of the
52requirements of the act by a specified date; amending s.
5355.01, F.S.; revising the required contents of a final
54judgment; providing an effective date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Paragraph (a) of subsection (5) of section
59119.071, Florida Statutes, is amended to read:
60     119.071  General exemptions from inspection or copying of
61public records.--
62     (5)  OTHER PERSONAL INFORMATION.--
63     (a)1.  The Legislature acknowledges that the social
64security number was never intended to be used for business
65purposes but was intended to be used solely for the
66administration of the federal Social Security System. The
67Legislature is further aware that over time this unique numeric
68identifier has been used extensively for identity verification
69purposes and other legitimate consensual purposes. The
70Legislature is also cognizant of the fact that the social
71security number can be used as a tool to perpetuate fraud
72against a person and to acquire sensitive personal, financial,
73medical, and familial information, the release of which could
74cause great financial or personal harm to an individual. The
75Legislature intends to monitor the commercial use of social
76security numbers held by state agencies in order to maintain a
77balanced public policy.
78     2.  An agency shall not collect an individual's social
79security number unless authorized by law to do so or unless the
80collection of the social security number is otherwise imperative
81for the performance of that agency's duties and responsibilities
82as prescribed by law. Social security numbers collected by an
83agency must be relevant to the purpose for which collected and
84shall not be collected until and unless the need for social
85security numbers has been clearly documented. An agency that
86collects social security numbers shall also segregate that
87number on a separate page from the rest of the record, or as
88otherwise appropriate, in order that the social security number
89be more easily redacted, if required, pursuant to a public
90records request. An agency collecting a person's social security
91number shall, upon that person's request, at the time of or
92prior to the actual collection of the social security number by
93that agency, provide that person with a statement of the purpose
94or purposes for which the social security number is being
95collected and used. Social security numbers collected by an
96agency shall not be used by that agency for any purpose other
97than the purpose stated. Social security numbers collected by an
98agency prior to May 13, 2002, shall be reviewed for compliance
99with this subparagraph. If the collection of a social security
100number prior to May 13, 2002, is found to be unwarranted, the
101agency shall immediately discontinue the collection of social
102security numbers for that purpose.
103     3.  Effective October 1, 2002, all social security numbers
104held by an agency are confidential and exempt from s. 119.07(1)
105and s. 24(a), Art. I of the State Constitution. This exemption
106applies to all social security numbers held by an agency before,
107on, or after the effective date of this exemption.
108     4.  Social security numbers may be disclosed to another
109governmental entity or its agents, employees, or contractors if
110disclosure is necessary for the receiving entity to perform its
111duties and responsibilities. The receiving governmental entity
112and its agents, employees, and contractors shall maintain the
113confidential and exempt status of such numbers.
114     5.  An agency shall not deny a commercial entity engaged in
115the performance of a commercial activity as defined in s. 14.203
116or its agents, employees, or contractors access to social
117security numbers, provided the social security numbers will be
118used only in the normal course of business for legitimate
119business purposes, and provided the commercial entity makes a
120written request for social security numbers, verified as
121provided in s. 92.525, legibly signed by an authorized officer,
122employee, or agent of the commercial entity. The verified
123written request must contain the commercial entity's name,
124business mailing and location addresses, business telephone
125number, and a statement of the specific purposes for which it
126needs the social security numbers and how the social security
127numbers will be used in the normal course of business for
128legitimate business purposes. The aggregate of these requests
129shall serve as the basis for the agency report required in
130subparagraph 13 8. An agency may request any other information
131reasonably necessary to verify the identity of the entity
132requesting the social security numbers and the specific purposes
133for which such numbers will be used; however, an agency has no
134duty to inquire beyond the information contained in the verified
135written request. A legitimate business purpose includes
136verification of the accuracy of personal information received by
137a commercial entity in the normal course of its business; use in
138a civil, criminal, or administrative proceeding; use for
139insurance purposes; use in law enforcement and investigation of
140crimes; use in identifying and preventing fraud; use in
141matching, verifying, or retrieving information; and use in
142research activities. A legitimate business purpose does not
143include the display or bulk sale of social security numbers to
144the general public or the distribution of such numbers to any
145customer that is not identifiable by the distributor.
146     6.  Any person who makes a false representation in order to
147obtain a social security number pursuant to this paragraph, or
148any person who willfully and knowingly violates this paragraph,
149commits a felony of the third degree, punishable as provided in
150s. 775.082 or s. 775.083. Any public officer who violates this
151paragraph is guilty of a noncriminal infraction, punishable by a
152fine not exceeding $500. A commercial entity that provides
153access to public records containing social security numbers in
154accordance with this paragraph is not subject to the penalty
155provisions of this subparagraph.
156     7.a.  On or after October 1, 2002, a person preparing or
157filing a document to be recorded in the official records by the
158county recorder as provided for in chapter 28 may not include
159any person's social security number in that document, unless
160otherwise expressly required by law. If a social security number
161is or has been included in a document presented to the county
162recorder for recording in the official records of the county
163before, on, or after October 1, 2002, it may be made available
164as part of the official record available for public inspection
165and copying.
166     b.  Any person, or his or her attorney or legal guardian,
167has the right to request that a county recorder remove, from an
168image or copy of an official record placed on a county
169recorder's publicly available Internet website or a publicly
170available Internet website used by a county recorder to display
171public records or otherwise made electronically available to the
172general public by such recorder, his or her social security
173number contained in that official record. Such request must be
174made in writing, legibly signed by the requester and delivered
175by mail, facsimile, or electronic transmission, or delivered in
176person, to the county recorder. The request must specify the
177identification page number that contains the social security
178number to be redacted. The county recorder has no duty to
179inquire beyond the written request to verify the identity of a
180person requesting redaction. A fee shall not be charged for the
181redaction of a social security number pursuant to such request.
182     c.  A county recorder shall immediately and conspicuously
183post signs throughout his or her offices for public viewing and
184shall immediately and conspicuously post, on any Internet
185website or remote electronic site made available by the county
186recorder and used for the ordering or display of official
187records or images or copies of official records, a notice
188stating, in substantially similar form, the following:
189     (I)  On or after October 1, 2002, any person preparing or
190filing a document for recordation in the official records may
191not include a social security number in such document, unless
192required by law.
193     (II)  Any person has a right to request a county recorder
194to remove, from an image or copy of an official record placed on
195a county recorder's publicly available Internet website or on a
196publicly available Internet website used by a county recorder to
197display public records or otherwise made electronically
198available to the general public, any social security number
199contained in an official record. Such request must be made in
200writing and delivered by mail, facsimile, or electronic
201transmission, or delivered in person, to the county recorder.
202The request must specify the identification page number that
203contains the social security number to be redacted. No fee will
204be charged for the redaction of a social security number
205pursuant to such a request.
206     d.  Notwithstanding any other provision of law, any
207information made confidential and exempt, if such information
208Until January 1, 2007, if a social security number, made
209confidential and exempt pursuant to this paragraph, or a
210complete bank account, debit, charge, or credit card number made
211exempt pursuant to paragraph (b) is or has been included in a
212court file, such number may be included as part of the court
213record available for public inspection and copying unless
214redaction is requested by the holder of such information number,
215or by the holder's attorney or legal guardian, in a signed,
216legibly written request specifying the case name, case number,
217document heading, and page number. The request must identify the
218information to be redacted together with the statutory citation
219designating the information as confidential or exempt. Such
220request must be delivered by mail, facsimile, electronic
221transmission, or in person to the clerk of the circuit court.
222The clerk of the circuit court does not have a duty to inquire
223beyond the written request to verify the identity of a person
224requesting redaction. A fee may not be charged for the redaction
225of such information a social security number or a bank account,
226debit, charge, or credit card number pursuant to such request.
227     e.  Any person who prepares or files a document to be
228recorded in the official records by the county recorder as
229provided in chapter 28 may not include a person's social
230security number or complete bank account, debit, charge, or
231credit card number in that document unless otherwise expressly
232required by law. Notwithstanding any other provision of law, any
233information made confidential and exempt, if such information
234Until January 1, 2007, if a social security number or a complete
235bank account, debit, charge, or credit card number is or has
236been included in a document presented to the county recorder for
237recording in the official records of the county, such number may
238be made available as part of the official record available for
239public inspection and copying. Any person, or his or her
240attorney or legal guardian, may request that a county recorder
241remove from an image or copy of an official record placed on a
242county recorder's publicly available Internet website, or a
243publicly available Internet website used by a county recorder to
244display public records outside the office or otherwise made
245electronically available outside the county recorder's office to
246the general public, his or her confidential or exempt
247information social security number or complete account, debit,
248charge, or credit card number contained in that official record.
249Such request must be legibly written, signed by the requester,
250and delivered by mail, facsimile, electronic transmission, or in
251person to the county recorder. The request must specify the
252identification page number of the document that contains the
253information number to be redacted and a statutory citation
254designating the information as being confidential or exempt. The
255county recorder does not have a duty to inquire beyond the
256written request to verify the identity of a person requesting
257redaction. A fee may not be charged for redacting such
258information numbers.
259     f.  Subparagraphs 5. 2. and 6. 3. do not apply to the
260clerks of the court or the county recorder with respect to
261circuit court records and official records.
262     g.  On January 1, 2007, and thereafter, any party or person
263who files a document with the clerk of the court must redact any
264information deemed confidential and exempt by this chapter or
265any other provision of state or federal law before filing the
266document with the clerk of the court and provide the statutory
267citation supporting the confidential or exempt status of the
268redacted information.
269     g.  On January 1, 2007, and thereafter, the clerk of the
270circuit court and the county recorder must keep complete bank
271account, debit, charge, and credit card numbers exempt as
272provided for in paragraph (b), and must keep social security
273numbers confidential and exempt as provided for in subparagraph
2743., without any person having to request redaction.
275     8.  The Supreme Court is requested to revise all existing
276forms to facilitate the segregation of the collection of
277information that is confidential and exempt from public
278inspection. The Supreme Court is requested to adopt a
279standardized reference sheet of confidential information for use
280in documents having information made confidential and exempt
281from inspection by this chapter or any other provision of state
282or federal law.
283     9.  The clerk of the court shall make the reference sheet
284available to the public at no cost and shall assist pro se
285litigants in preparing the reference sheet. After a completed
286reference sheet of confidential information is filed, the clerk
287of the court shall seal the document in the court records.
288However, the document may be inspected by any party to the case,
289an attorney of record, and any governmental agency, including
290any court or law enforcement agency, when carrying out its
291assigned functions or a party otherwise authorized by the court.
292Any party or person may challenge the basis for redaction as
293provided in this section by petition to the court for an in
294camera review of the redacted information and determination of
295the confidential or exempt status of the information.
296     10.  If a clerk of the court or county comptroller
297publishes any document from a court file or official record as
298may be otherwise authorized by law or court rule on a publicly
299available website, the clerk or county comptroller must first
300use his or her best efforts to redact all social security
301numbers and complete bank account, debit, charge, and credit
302card numbers from the document. Application of an automated
303redaction program that captures at least 95 percent of
304information to be redacted shall be considered a "best effort"
305and in compliance with the requirement of this subparagraph.
306     11.  If a person or party files a confidential and exempt
307document taken from one court file to be placed into another
308court file, the party or person filing the document has the
309burden to identify which information must be redacted by the
310clerk of the court. The person or party must include a reference
311sheet of confidential information at the time of the filing.
312     12.  No less than 30 days prior to January 1, 2007, notice
313of the requirements pursuant to sub-subparagraph 7.g. and
314subparagraphs 8. and 9. shall be conspicuously and clearly
315displayed by the clerk of the court on the publicly available
316Internet website on which images or copies of the county's
317public records are placed and in the office of each clerk of the
318court. In addition, no less than 30 days prior to January 1,
3192007, the clerk of the court must publish, on two separate
320dates, a notice of such requirements in a newspaper of general
321circulation in the county where the clerk of court's office is
322located as provided for in chapter 50. The notice shall state,
323in substantially similar form, that any person or party who
324files a document with the clerk of the court must redact any
325information deemed confidential and exempt from the provisions
326of this chapter or any other provision of state or federal law
327before filing the document with the clerk of court and provide
328the statutory citation that supports the confidential or exempt
329status of the redacted information. The notice shall state that
330the person or party must replace the redacted information with a
331standardized reference sheet of confidential information. The
332clerk of the court will make the reference sheet available at no
333cost and will assist persons in preparing the reference sheet of
334confidential information. After a reference sheet of
335confidential information is completed and filed with the clerk,
336the clerk will seal the reference sheet.
337     13.8.  Beginning January 31, 2004, and each January 31
338thereafter, every agency must file a report with the Secretary
339of State, the President of the Senate, and the Speaker of the
340House of Representatives listing the identity of all commercial
341entities that have requested social security numbers during the
342preceding calendar year and the specific purpose or purposes
343stated by each commercial entity regarding its need for social
344security numbers. If no disclosure requests were made, the
345agency shall so indicate.
346     14.9.  Any affected person may petition the circuit court
347for an order directing compliance with this paragraph.
348     15.10.  This paragraph does not supersede any other
349applicable public records exemptions existing prior to May 13,
3502002, or created thereafter.
351     16.11.  This paragraph is subject to the Open Government
352Sunset Review Act in accordance with s. 119.15 and shall stand
353repealed October 2, 2007, unless reviewed and saved from repeal
354through reenactment by the Legislature.
355     Section 2.  Subsection (2) of section 55.01, Florida
356Statutes, is amended to read:
357     55.01  Judgments; general form.--
358     (2)  Each final judgment shall contain thereon the address
359and the date of birth social security number, if known to the
360prevailing party, of each person against whom judgment is
361rendered. Errors in names, addresses, or date of birth social
362security numbers or failure to include same shall in no way
363affect the validity or finality of a final judgment.
364     Section 3.  This act shall take effect July 1, 2006.


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