HB 1563CS

CHAMBER ACTION



1The Governmental Operations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to public records; amending s. 119.071,
8F.S.; revising the date until which a confidential and
9exempt social security number or an exempt complete bank
10account, debit, charge, or credit card number included in
11a court file may be included as part of a court record
12available for public inspection and copying unless
13redaction is requested; providing that the clerk of the
14circuit court has no liability for the inadvertent release
15of certain confidential and exempt social security numbers
16or exempt bank account, debit, charge, or credit card
17numbers; revising the date until which a social security
18number or a complete bank account, debit, charge, or
19credit card number included in a document presented to the
20county recorder for recording in the official records of
21the county may be made available as part of the official
22record available for public inspection and copying;
23requiring the county recorder to use his or her best
24efforts to redact all social security numbers and complete
25bank account, debit, charge, or credit card numbers from
26electronic copies of official records documents; providing
27that the county recorder is not liable for the inadvertent
28release of certain confidential and exempt social security
29numbers or exempt bank account, debit, charge, or credit
30card numbers; revising the date on which the clerk of the
31circuit court and the county recorder must commence
32keeping complete bank account, debit, charge, and credit
33card numbers exempt and must commence keeping social
34security numbers confidential and exempt without any
35person having to request redaction; making editorial
36changes; reenacting s. 1007.35(8)(b), F.S., relating to
37access to information necessary to evaluate the
38effectiveness of delivered services from the Florida
39Partnership for Minority and Underrepresented Student
40Achievement, to incorporate the amendments made to s.
41119.071, F.S., in a reference thereto; providing an
42effective date.
43
44Be It Enacted by the Legislature of the State of Florida:
45
46     Section 1.  Paragraph (a) of subsection (5) of section
47119.071, Florida Statutes, is amended to read:
48     119.071  General exemptions from inspection or copying of
49public records.--
50     (5)  OTHER PERSONAL INFORMATION.--
51     (a)1.  The Legislature acknowledges that the social
52security number was never intended to be used for business
53purposes but was intended to be used solely for the
54administration of the federal Social Security System. The
55Legislature is further aware that over time this unique numeric
56identifier has been used extensively for identity verification
57purposes and other legitimate consensual purposes. The
58Legislature is also cognizant of the fact that the social
59security number can be used as a tool to perpetuate fraud
60against a person and to acquire sensitive personal, financial,
61medical, and familial information, the release of which could
62cause great financial or personal harm to an individual. The
63Legislature intends to monitor the commercial use of social
64security numbers held by state agencies in order to maintain a
65balanced public policy.
66     2.  An agency may shall not collect an individual's social
67security number unless authorized by law to do so or unless the
68collection of the social security number is otherwise imperative
69for the performance of that agency's duties and responsibilities
70as prescribed by law. Social security numbers collected by an
71agency must be relevant to the purpose for which collected and
72may shall not be collected until and unless the need for social
73security numbers has been clearly documented. An agency that
74collects social security numbers shall also segregate that
75number on a separate page from the rest of the record, or as
76otherwise appropriate, in order that the social security number
77be more easily redacted, if required, pursuant to a public
78records request. An agency collecting a person's social security
79number shall, upon that person's request, at the time of or
80prior to the actual collection of the social security number by
81that agency, provide that person with a statement of the purpose
82or purposes for which the social security number is being
83collected and used. Social security numbers collected by an
84agency may shall not be used by that agency for any purpose
85other than the purpose stated. Social security numbers collected
86by an agency before prior to May 13, 2002, shall be reviewed for
87compliance with this subparagraph. If the collection of a social
88security number before prior to May 13, 2002, is found to be
89unwarranted, the agency shall immediately discontinue the
90collection of social security numbers for that purpose.
91     3.  Effective October 1, 2002, all social security numbers
92held by an agency are confidential and exempt from s. 119.07(1)
93and s. 24(a), Art. I of the State Constitution. This exemption
94applies to all social security numbers held by an agency before,
95on, or after the effective date of this exemption.
96     4.  Social security numbers may be disclosed to another
97governmental entity or its agents, employees, or contractors if
98disclosure is necessary for the receiving entity to perform its
99duties and responsibilities. The receiving governmental entity
100and its agents, employees, and contractors shall maintain the
101confidential and exempt status of the such numbers.
102     5.  An agency may shall not deny a commercial entity
103engaged in the performance of a commercial activity as defined
104in s. 14.203 or its agents, employees, or contractors access to
105social security numbers, provided the social security numbers
106will be used only in the normal course of business for
107legitimate business purposes, and provided the commercial entity
108makes a written request for social security numbers, verified as
109provided in s. 92.525, legibly signed by an authorized officer,
110employee, or agent of the commercial entity. The verified
111written request must contain the commercial entity's name,
112business mailing and location addresses, business telephone
113number, and a statement of the specific purposes for which it
114needs the social security numbers and how the social security
115numbers will be used in the normal course of business for
116legitimate business purposes. The aggregate of these requests
117shall serve as the basis for the agency report required in
118subparagraph 8. An agency may request any other information
119reasonably necessary to verify the identity of the entity
120requesting the social security numbers and the specific purposes
121for which the such numbers will be used; however, an agency has
122no duty to inquire beyond the information contained in the
123verified written request. A legitimate business purpose includes
124verification of the accuracy of personal information received by
125a commercial entity in the normal course of its business; use in
126a civil, criminal, or administrative proceeding; use for
127insurance purposes; use in law enforcement and investigation of
128crimes; use in identifying and preventing fraud; use in
129matching, verifying, or retrieving information; and use in
130research activities. A legitimate business purpose does not
131include the display or bulk sale of social security numbers to
132the general public or the distribution of such numbers to any
133customer that is not identifiable by the distributor.
134     6.  Any person who makes a false representation in order to
135obtain a social security number pursuant to this paragraph, or
136any person who willfully and knowingly violates this paragraph,
137commits a felony of the third degree, punishable as provided in
138s. 775.082 or s. 775.083. Any public officer who violates this
139paragraph is guilty of a noncriminal infraction, punishable by a
140fine not exceeding $500. A commercial entity that provides
141access to public records containing social security numbers in
142accordance with this paragraph is not subject to the penalty
143provisions of this subparagraph.
144     7.a.  On or after October 1, 2002, a person preparing or
145filing a document to be recorded in the official records by the
146county recorder as provided for in chapter 28 may not include
147any person's social security number in that document, unless
148otherwise expressly required by law. If a social security number
149is or has been included in a document presented to the county
150recorder for recording in the official records of the county
151before, on, or after October 1, 2002, it may be made available
152as part of the official record available for public inspection
153and copying.
154     b.  Any person, or his or her attorney or legal guardian,
155has the right to request that a county recorder remove, from an
156image or copy of an official record placed on a county
157recorder's publicly available Internet website or a publicly
158available Internet website used by a county recorder to display
159public records or otherwise made electronically available to the
160general public by such recorder, his or her social security
161number contained in that official record. The Such request must
162be made in writing, legibly signed by the requester and
163delivered by mail, facsimile, or electronic transmission, or
164delivered in person, to the county recorder. The request must
165specify the identification page number that contains the social
166security number to be redacted. The county recorder has no duty
167to inquire beyond the written request to verify the identity of
168a person requesting redaction. A fee may shall not be charged
169for the redaction of a social security number pursuant to such
170request.
171     c.  A county recorder shall immediately and conspicuously
172post signs throughout his or her offices for public viewing and
173shall immediately and conspicuously post, on any Internet
174website or remote electronic site made available by the county
175recorder and used for the ordering or display of official
176records or images or copies of official records, a notice
177stating, in substantially similar form, the following:
178     (I)  On or after October 1, 2002, any person preparing or
179filing a document for recordation in the official records may
180not include a social security number in such document, unless
181required by law.
182     (II)  Any person has a right to request a county recorder
183to remove, from an image or copy of an official record placed on
184a county recorder's publicly available Internet website or on a
185publicly available Internet website used by a county recorder to
186display public records or otherwise made electronically
187available to the general public, any social security number
188contained in an official record. Such request must be made in
189writing and delivered by mail, facsimile, or electronic
190transmission, or delivered in person, to the county recorder.
191The request must specify the identification page number that
192contains the social security number to be redacted. A No fee may
193not will be charged for the redaction of a social security
194number pursuant to such a request.
195     d.  Until January 1, 2008 2007, if a social security
196number, made confidential and exempt pursuant to this paragraph,
197or a complete bank account, debit, charge, or credit card number
198made exempt pursuant to paragraph (b) is or has been included in
199a court file, such number may be included as part of the court
200record available for public inspection and copying unless
201redaction is requested by the holder of such number, or by the
202holder's attorney or legal guardian, in a signed, legibly
203written request specifying the case name, case number, document
204heading, and page number. The request must be delivered by mail,
205facsimile, electronic transmission, or in person to the clerk of
206the circuit court. The clerk of the circuit court does not have
207a duty to inquire beyond the written request to verify the
208identity of a person requesting redaction. A fee may not be
209charged for the redaction of a social security number or a bank
210account, debit, charge, or credit card number pursuant to such
211request. The clerk of the circuit court has no liability for the
212inadvertent release of confidential and exempt social security
213numbers or exempt bank account, debit, charge, or credit card
214numbers, unknown to the clerk of the circuit court in court
215records filed with the clerk of the circuit court on or before
216January 1, 2008.
217     e.  Any person who prepares or files a document to be
218recorded in the official records by the county recorder as
219provided in chapter 28 may not include a person's social
220security number or complete bank account, debit, charge, or
221credit card number in that document unless otherwise expressly
222required by law. Until January 1, 2008 2007, if a social
223security number or a complete bank account, debit, charge, or
224credit card number is or has been included in a document
225presented to the county recorder for recording in the official
226records of the county, such number may be made available as part
227of the official record available for public inspection and
228copying. Any person, or his or her attorney or legal guardian,
229may request that a county recorder remove from an image or copy
230of an official record placed on a county recorder's publicly
231available Internet website, or a publicly available Internet
232website used by a county recorder to display public records
233outside the office or otherwise made electronically available
234outside the county recorder's office to the general public, his
235or her social security number or complete account, debit,
236charge, or credit card number contained in that official record.
237Such request must be legibly written, signed by the requester,
238and delivered by mail, facsimile, electronic transmission, or in
239person to the county recorder. The request must specify the
240identification page number of the document that contains the
241number to be redacted. The county recorder does not have a duty
242to inquire beyond the written request to verify the identity of
243a person requesting redaction. A fee may not be charged for
244redacting such numbers. If the county recorder accepts or stores
245official records in an electronic format, the county recorder
246must use his or her best efforts to redact all social security
247numbers and complete bank account, debit, charge, or credit card
248numbers from electronic copies of the official record. The use
249of an automated program for redaction shall be deemed the best
250effort and complies with the requirements of this sub-
251subparagraph. The county recorder is not liable for the
252inadvertent release of confidential and exempt social security
253numbers, or exempt bank account, debit, charge, or credit card
254numbers, filed with the county recorder on or before January 1,
2552008.
256     f.  Subparagraphs 2. and 3. do not apply to the clerks of
257the court or the county recorder with respect to circuit court
258records and official records.
259     g.  On January 1, 2008 2007, and thereafter, the clerk of
260the circuit court and the county recorder must keep complete
261bank account, debit, charge, and credit card numbers exempt as
262provided for in paragraph (b), and must keep social security
263numbers confidential and exempt as provided for in subparagraph
2643., without any person having to request redaction.
265     8.  Beginning January 31, 2004, and each January 31
266thereafter, every agency must file a report with the Secretary
267of State, the President of the Senate, and the Speaker of the
268House of Representatives listing the identity of all commercial
269entities that have requested social security numbers during the
270preceding calendar year and the specific purpose or purposes
271stated by each commercial entity regarding its need for social
272security numbers. If no disclosure requests were made, the
273agency shall so indicate.
274     9.  Any affected person may petition the circuit court for
275an order directing compliance with this paragraph.
276     10.  This paragraph does not supersede any other applicable
277public records exemptions existing prior to May 13, 2002, or
278created thereafter.
279     11.  This paragraph is subject to the Open Government
280Sunset Review Act in accordance with s. 119.15 and shall stand
281repealed October 2, 2007, unless reviewed and saved from repeal
282through reenactment by the Legislature.
283     Section 2.  For the purpose of incorporating the amendments
284made by this act to section 119.071, Florida Statutes, in a
285reference thereto, paragraph (b) of subsection (8) of section
2861007.35, Florida Statutes, is reenacted to read:
287     1007.35  Florida Partnership for Minority and
288Underrepresented Student Achievement.--
289     (8)
290     (b)  The department shall contribute to the evaluation
291process by providing access, consistent with s. 119.071(5)(a),
292to student and teacher information necessary to match against
293databases containing teacher professional development data and
294databases containing assessment data for the PSAT/NMSQT, SAT,
295AP, and other appropriate measures. The department shall also
296provide student-level data on student progress from middle
297school through high school and into college and the workforce,
298if available, in order to support longitudinal studies.  The
299partnership shall analyze and report student performance data in
300a manner that protects the rights of students and parents as
301required in 20 U.S.C. s. 1232g and s. 1002.22.
302     Section 3.  This act shall take effect July 1, 2006.


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