HB 1563

1
A bill to be entitled
2An act relating to public records; amending s. 119.071,
3F.S.; revising the date until which a confidential and
4exempt social security number or an exempt complete bank
5account, debit, charge, or credit card number included in
6a court file may be included as part of a court record
7available for public inspection and copying unless
8redaction is requested; providing that the clerk of the
9circuit court has no liability for the inadvertent release
10of certain confidential and exempt social security numbers
11or exempt bank account, debit, charge, or credit card
12numbers; revising the date until which a social security
13number or a complete bank account, debit, charge, or
14credit card number included in a document presented to the
15county recorder for recording in the official records of
16the county may be made available as part of the official
17record available for public inspection and copying;
18requiring the county recorder to use his or her best
19efforts to redact all social security numbers and complete
20bank account, debit, charge, or credit card numbers from
21electronic copies of official records documents; providing
22that the county recorder is not liable for the inadvertent
23release of certain confidential and exempt social security
24numbers or exempt bank account, debit, charge, or credit
25card numbers; revising the date on which the clerk of the
26circuit court and the county recorder must commence
27keeping complete bank account, debit, charge, and credit
28card numbers exempt and must commence keeping social
29security numbers confidential and exempt without any
30person having to request redaction; making editorial
31changes; reenacting s. 1007.35(8)(b), F.S., relating to
32access to information necessary to evaluate the
33effectiveness of delivered services from the Florida
34Partnership for Minority and Underrepresented Student
35Achievement, to incorporate the amendments made to s.
36119.071, F.S., in a reference thereto; providing an
37effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Paragraph (a) of subsection (5) of section
42119.071, Florida Statutes, is amended to read:
43     119.071  General exemptions from inspection or copying of
44public records.--
45     (5)  OTHER PERSONAL INFORMATION.--
46     (a)1.  The Legislature acknowledges that the social
47security number was never intended to be used for business
48purposes but was intended to be used solely for the
49administration of the federal Social Security System. The
50Legislature is further aware that over time this unique numeric
51identifier has been used extensively for identity verification
52purposes and other legitimate consensual purposes. The
53Legislature is also cognizant of the fact that the social
54security number can be used as a tool to perpetuate fraud
55against a person and to acquire sensitive personal, financial,
56medical, and familial information, the release of which could
57cause great financial or personal harm to an individual. The
58Legislature intends to monitor the commercial use of social
59security numbers held by state agencies in order to maintain a
60balanced public policy.
61     2.  An agency may shall not collect an individual's social
62security number unless authorized by law to do so or unless the
63collection of the social security number is otherwise imperative
64for the performance of that agency's duties and responsibilities
65as prescribed by law. Social security numbers collected by an
66agency must be relevant to the purpose for which collected and
67may shall not be collected until and unless the need for social
68security numbers has been clearly documented. An agency that
69collects social security numbers shall also segregate that
70number on a separate page from the rest of the record, or as
71otherwise appropriate, in order that the social security number
72be more easily redacted, if required, pursuant to a public
73records request. An agency collecting a person's social security
74number shall, upon that person's request, at the time of or
75prior to the actual collection of the social security number by
76that agency, provide that person with a statement of the purpose
77or purposes for which the social security number is being
78collected and used. Social security numbers collected by an
79agency may shall not be used by that agency for any purpose
80other than the purpose stated. Social security numbers collected
81by an agency before prior to May 13, 2002, shall be reviewed for
82compliance with this subparagraph. If the collection of a social
83security number before prior to May 13, 2002, is found to be
84unwarranted, the agency shall immediately discontinue the
85collection of social security numbers for that purpose.
86     3.  Effective October 1, 2002, all social security numbers
87held by an agency are confidential and exempt from s. 119.07(1)
88and s. 24(a), Art. I of the State Constitution. This exemption
89applies to all social security numbers held by an agency before,
90on, or after the effective date of this exemption.
91     4.  Social security numbers may be disclosed to another
92governmental entity or its agents, employees, or contractors if
93disclosure is necessary for the receiving entity to perform its
94duties and responsibilities. The receiving governmental entity
95and its agents, employees, and contractors shall maintain the
96confidential and exempt status of the such numbers.
97     5.  An agency may shall not deny a commercial entity
98engaged in the performance of a commercial activity as defined
99in s. 14.203 or its agents, employees, or contractors access to
100social security numbers, provided the social security numbers
101will be used only in the normal course of business for
102legitimate business purposes, and provided the commercial entity
103makes a written request for social security numbers, verified as
104provided in s. 92.525, legibly signed by an authorized officer,
105employee, or agent of the commercial entity. The verified
106written request must contain the commercial entity's name,
107business mailing and location addresses, business telephone
108number, and a statement of the specific purposes for which it
109needs the social security numbers and how the social security
110numbers will be used in the normal course of business for
111legitimate business purposes. The aggregate of these requests
112shall serve as the basis for the agency report required in
113subparagraph 8. An agency may request any other information
114reasonably necessary to verify the identity of the entity
115requesting the social security numbers and the specific purposes
116for which the such numbers will be used; however, an agency has
117no duty to inquire beyond the information contained in the
118verified written request. A legitimate business purpose includes
119verification of the accuracy of personal information received by
120a commercial entity in the normal course of its business; use in
121a civil, criminal, or administrative proceeding; use for
122insurance purposes; use in law enforcement and investigation of
123crimes; use in identifying and preventing fraud; use in
124matching, verifying, or retrieving information; and use in
125research activities. A legitimate business purpose does not
126include the display or bulk sale of social security numbers to
127the general public or the distribution of such numbers to any
128customer that is not identifiable by the distributor.
129     6.  Any person who makes a false representation in order to
130obtain a social security number pursuant to this paragraph, or
131any person who willfully and knowingly violates this paragraph,
132commits a felony of the third degree, punishable as provided in
133s. 775.082 or s. 775.083. Any public officer who violates this
134paragraph is guilty of a noncriminal infraction, punishable by a
135fine not exceeding $500. A commercial entity that provides
136access to public records containing social security numbers in
137accordance with this paragraph is not subject to the penalty
138provisions of this subparagraph.
139     7.a.  On or after October 1, 2002, a person preparing or
140filing a document to be recorded in the official records by the
141county recorder as provided for in chapter 28 may not include
142any person's social security number in that document, unless
143otherwise expressly required by law. If a social security number
144is or has been included in a document presented to the county
145recorder for recording in the official records of the county
146before, on, or after October 1, 2002, it may be made available
147as part of the official record available for public inspection
148and copying.
149     b.  Any person, or his or her attorney or legal guardian,
150has the right to request that a county recorder remove, from an
151image or copy of an official record placed on a county
152recorder's publicly available Internet website or a publicly
153available Internet website used by a county recorder to display
154public records or otherwise made electronically available to the
155general public by such recorder, his or her social security
156number contained in that official record. The Such request must
157be made in writing, legibly signed by the requester and
158delivered by mail, facsimile, or electronic transmission, or
159delivered in person, to the county recorder. The request must
160specify the identification page number that contains the social
161security number to be redacted. The county recorder has no duty
162to inquire beyond the written request to verify the identity of
163a person requesting redaction. A fee may shall not be charged
164for the redaction of a social security number pursuant to such
165request.
166     c.  A county recorder shall immediately and conspicuously
167post signs throughout his or her offices for public viewing and
168shall immediately and conspicuously post, on any Internet
169website or remote electronic site made available by the county
170recorder and used for the ordering or display of official
171records or images or copies of official records, a notice
172stating, in substantially similar form, the following:
173     (I)  On or after October 1, 2002, any person preparing or
174filing a document for recordation in the official records may
175not include a social security number in such document, unless
176required by law.
177     (II)  Any person has a right to request a county recorder
178to remove, from an image or copy of an official record placed on
179a county recorder's publicly available Internet website or on a
180publicly available Internet website used by a county recorder to
181display public records or otherwise made electronically
182available to the general public, any social security number
183contained in an official record. Such request must be made in
184writing and delivered by mail, facsimile, or electronic
185transmission, or delivered in person, to the county recorder.
186The request must specify the identification page number that
187contains the social security number to be redacted. A No fee may
188not will be charged for the redaction of a social security
189number pursuant to such a request.
190     d.  Until January 1, 2008 2007, if a social security
191number, made confidential and exempt pursuant to this paragraph,
192or a complete bank account, debit, charge, or credit card number
193made exempt pursuant to paragraph (b) is or has been included in
194a court file, such number may be included as part of the court
195record available for public inspection and copying unless
196redaction is requested by the holder of such number, or by the
197holder's attorney or legal guardian, in a signed, legibly
198written request specifying the case name, case number, document
199heading, and page number. The request must be delivered by mail,
200facsimile, electronic transmission, or in person to the clerk of
201the circuit court. The clerk of the circuit court does not have
202a duty to inquire beyond the written request to verify the
203identity of a person requesting redaction. A fee may not be
204charged for the redaction of a social security number or a bank
205account, debit, charge, or credit card number pursuant to such
206request. The clerk of the circuit court has no liability for the
207inadvertent release of confidential and exempt social security
208numbers or exempt bank account, debit, charge, or credit card
209numbers, unknown to the clerk of the circuit court in court
210records filed with the clerk of the circuit court on or before
211January 1, 2008.
212     e.  Any person who prepares or files a document to be
213recorded in the official records by the county recorder as
214provided in chapter 28 may not include a person's social
215security number or complete bank account, debit, charge, or
216credit card number in that document unless otherwise expressly
217required by law. Until January 1, 2008 2007, if a social
218security number or a complete bank account, debit, charge, or
219credit card number is or has been included in a document
220presented to the county recorder for recording in the official
221records of the county, such number may be made available as part
222of the official record available for public inspection and
223copying. Any person, or his or her attorney or legal guardian,
224may request that a county recorder remove from an image or copy
225of an official record placed on a county recorder's publicly
226available Internet website, or a publicly available Internet
227website used by a county recorder to display public records
228outside the office or otherwise made electronically available
229outside the county recorder's office to the general public, his
230or her social security number or complete account, debit,
231charge, or credit card number contained in that official record.
232Such request must be legibly written, signed by the requester,
233and delivered by mail, facsimile, electronic transmission, or in
234person to the county recorder. The request must specify the
235identification page number of the document that contains the
236number to be redacted. The county recorder does not have a duty
237to inquire beyond the written request to verify the identity of
238a person requesting redaction. A fee may not be charged for
239redacting such numbers. If the county recorder accepts or stores
240official records in an electronic format, the county recorder
241must use his or her best efforts to redact all social security
242numbers and complete bank account, debit, charge, or credit card
243numbers from electronic copies of the official record. The use
244of an automated program for redaction shall be deemed the best
245effort and complies with the requirements of this sub-
246subparagraph. The county recorder is not liable for the
247inadvertent release of confidential and exempt social security
248numbers, or exempt bank account, debit, charge, or credit card
249numbers, filed with the county recorder on or before January 1,
2502008.
251     f.  Subparagraphs 2. and 3. do not apply to the clerks of
252the court or the county recorder with respect to circuit court
253records and official records.
254     g.  On January 1, 2008 2007, and thereafter, the clerk of
255the circuit court and the county recorder must keep complete
256bank account, debit, charge, and credit card numbers exempt as
257provided for in paragraph (b), and must keep social security
258numbers confidential and exempt as provided for in subparagraph
2593., without any person having to request redaction.
260     8.  Beginning January 31, 2004, and each January 31
261thereafter, every agency must file a report with the Secretary
262of State, the President of the Senate, and the Speaker of the
263House of Representatives listing the identity of all commercial
264entities that have requested social security numbers during the
265preceding calendar year and the specific purpose or purposes
266stated by each commercial entity regarding its need for social
267security numbers. If no disclosure requests were made, the
268agency shall so indicate.
269     9.  Any affected person may petition the circuit court for
270an order directing compliance with this paragraph.
271     10.  This paragraph does not supersede any other applicable
272public records exemptions existing prior to May 13, 2002, or
273created thereafter.
274     11.  This paragraph is subject to the Open Government
275Sunset Review Act in accordance with s. 119.15 and shall stand
276repealed October 2, 2007, unless reviewed and saved from repeal
277through reenactment by the Legislature.
278     Section 2.  For the purpose of incorporating the amendments
279made by this act to section 119.071, Florida Statutes, in a
280reference thereto, paragraph (b) of subsection (8) of section
2811007.35, Florida Statutes, is reenacted to read:
282     1007.35  Florida Partnership for Minority and
283Underrepresented Student Achievement.--
284     (8)
285     (b)  The department shall contribute to the evaluation
286process by providing access, consistent with s. 119.071(5)(a),
287to student and teacher information necessary to match against
288databases containing teacher professional development data and
289databases containing assessment data for the PSAT/NMSQT, SAT,
290AP, and other appropriate measures. The department shall also
291provide student-level data on student progress from middle
292school through high school and into college and the workforce,
293if available, in order to support longitudinal studies.  The
294partnership shall analyze and report student performance data in
295a manner that protects the rights of students and parents as
296required in 20 U.S.C. s. 1232g and s. 1002.22.
297     Section 3.  This act shall take effect July 1, 2006.


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