Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2366
                        Barcode 593500
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Judiciary (Villalobos) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (a) of subsection (5) of section
19  119.071, Florida Statutes, is amended to read:
20         119.071  General exemptions from inspection or copying
21  of public records.--
22         (5)  OTHER PERSONAL INFORMATION.--
23         (a)1.  The Legislature acknowledges that the social
24  security number was never intended to be used for business
25  purposes but was intended to be used solely for the
26  administration of the federal Social Security System. The
27  Legislature is further aware that over time this unique
28  numeric identifier has been used extensively for identity
29  verification purposes and other legitimate consensual
30  purposes. The Legislature is also cognizant of the fact that
31  the social security number can be used as a tool to perpetuate
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2366 Barcode 593500 1 fraud against a person and to acquire sensitive personal, 2 financial, medical, and familial information, the release of 3 which could cause great financial or personal harm to an 4 individual. The Legislature intends to monitor the commercial 5 use of social security numbers held by state agencies in order 6 to maintain a balanced public policy. 7 2. An agency may shall not collect an individual's 8 social security number unless authorized by law to do so or 9 unless the collection of the social security number is 10 otherwise imperative for the performance of that agency's 11 duties and responsibilities as prescribed by law. Social 12 security numbers collected by an agency must be relevant to 13 the purpose for which collected and may shall not be collected 14 until and unless the need for social security numbers has been 15 clearly documented. An agency that collects social security 16 numbers shall also segregate that number on a separate page 17 from the rest of the record, or as otherwise appropriate, in 18 order that the social security number be more easily redacted, 19 if required, pursuant to a public records request. An agency 20 collecting a person's social security number shall, upon that 21 person's request, at the time of or prior to the actual 22 collection of the social security number by that agency, 23 provide that person with a statement of the purpose or 24 purposes for which the social security number is being 25 collected and used. Social security numbers collected by an 26 agency may shall not be used by that agency for any purpose 27 other than the purpose stated. Social security numbers 28 collected by an agency before prior to May 13, 2002, shall be 29 reviewed for compliance with this subparagraph. If the 30 collection of a social security number before prior to May 13, 31 2002, is found to be unwarranted, the agency shall immediately 2 4:39 PM 03/31/06 s2366d-ju38-c7r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2366 Barcode 593500 1 discontinue the collection of social security numbers for that 2 purpose. 3 3. Effective October 1, 2002, all social security 4 numbers held by an agency are confidential and exempt from s. 5 119.07(1) and s. 24(a), Art. I of the State Constitution. This 6 exemption applies to all social security numbers held by an 7 agency before, on, or after the effective date of this 8 exemption. 9 4. Social security numbers may be disclosed to another 10 governmental entity or its agents, employees, or contractors 11 if disclosure is necessary for the receiving entity to perform 12 its duties and responsibilities. The receiving governmental 13 entity and its agents, employees, and contractors shall 14 maintain the confidential and exempt status of the such 15 numbers. 16 5. An agency may shall not deny a commercial entity 17 engaged in the performance of a commercial activity as defined 18 in s. 14.203 or its agents, employees, or contractors access 19 to social security numbers, provided the social security 20 numbers will be used only in the normal course of business for 21 legitimate business purposes, and provided the commercial 22 entity makes a written request for social security numbers, 23 verified as provided in s. 92.525, legibly signed by an 24 authorized officer, employee, or agent of the commercial 25 entity. The verified written request must contain the 26 commercial entity's name, business mailing and location 27 addresses, business telephone number, and a statement of the 28 specific purposes for which it needs the social security 29 numbers and how the social security numbers will be used in 30 the normal course of business for legitimate business 31 purposes. The aggregate of these requests shall serve as the 3 4:39 PM 03/31/06 s2366d-ju38-c7r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2366 Barcode 593500 1 basis for the agency report required in subparagraph 8. An 2 agency may request any other information reasonably necessary 3 to verify the identity of the entity requesting the social 4 security numbers and the specific purposes for which the such 5 numbers will be used; however, an agency has no duty to 6 inquire beyond the information contained in the verified 7 written request. A legitimate business purpose includes 8 verification of the accuracy of personal information received 9 by a commercial entity in the normal course of its business; 10 use in a civil, criminal, or administrative proceeding; use 11 for insurance purposes; use in law enforcement and 12 investigation of crimes; use in identifying and preventing 13 fraud; use in matching, verifying, or retrieving information; 14 and use in research activities. A legitimate business purpose 15 does not include the display or bulk sale of social security 16 numbers to the general public or the distribution of such 17 numbers to any customer that is not identifiable by the 18 distributor. 19 6. Any person who makes a false representation in 20 order to obtain a social security number pursuant to this 21 paragraph, or any person who willfully and knowingly violates 22 this paragraph, commits a felony of the third degree, 23 punishable as provided in s. 775.082 or s. 775.083. Any public 24 officer who violates this paragraph is guilty of a noncriminal 25 infraction, punishable by a fine not exceeding $500. A 26 commercial entity that provides access to public records 27 containing social security numbers in accordance with this 28 paragraph is not subject to the penalty provisions of this 29 subparagraph. 30 7.a. On or after October 1, 2002, a person preparing 31 or filing a document to be recorded in the official records by 4 4:39 PM 03/31/06 s2366d-ju38-c7r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2366 Barcode 593500 1 the county recorder as provided for in chapter 28 may not 2 include any person's social security number in that document, 3 unless otherwise expressly required by law. If a social 4 security number is or has been included in a document 5 presented to the county recorder for recording in the official 6 records of the county before, on, or after October 1, 2002, it 7 may be made available as part of the official record available 8 for public inspection and copying. 9 b. Any person, or his or her attorney or legal 10 guardian, has the right to request that a county recorder 11 remove, from an image or copy of an official record placed on 12 a county recorder's publicly available Internet website or a 13 publicly available Internet website used by a county recorder 14 to display public records or otherwise made electronically 15 available to the general public by such recorder, his or her 16 social security number contained in that official record. The 17 Such request must be made in writing, legibly signed by the 18 requester and delivered by mail, facsimile, or electronic 19 transmission, or delivered in person, to the county recorder. 20 The request must specify the identification page number that 21 contains the social security number to be redacted. The county 22 recorder has no duty to inquire beyond the written request to 23 verify the identity of a person requesting redaction. A fee 24 may shall not be charged for the redaction of a social 25 security number pursuant to such request. 26 c. A county recorder shall immediately and 27 conspicuously post signs throughout his or her offices for 28 public viewing and shall immediately and conspicuously post, 29 on any Internet website or remote electronic site made 30 available by the county recorder and used for the ordering or 31 display of official records or images or copies of official 5 4:39 PM 03/31/06 s2366d-ju38-c7r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2366 Barcode 593500 1 records, a notice stating, in substantially similar form, the 2 following: 3 (I) On or after October 1, 2002, any person preparing 4 or filing a document for recordation in the official records 5 may not include a social security number in such document, 6 unless required by law. 7 (II) Any person has a right to request a county 8 recorder to remove, from an image or copy of an official 9 record placed on a county recorder's publicly available 10 Internet website or on a publicly available Internet website 11 used by a county recorder to display public records or 12 otherwise made electronically available to the general public, 13 any social security number contained in an official record. 14 Such request must be made in writing and delivered by mail, 15 facsimile, or electronic transmission, or delivered in person, 16 to the county recorder. The request must specify the 17 identification page number that contains the social security 18 number to be redacted. A No fee may not will be charged for 19 the redaction of a social security number pursuant to such a 20 request. 21 d. Until January 1, 2009 2007, if a social security 22 number, made confidential and exempt pursuant to this 23 paragraph, or a complete bank account, debit, charge, or 24 credit card number made exempt pursuant to paragraph (b) is or 25 has been included in a court file, such number may be included 26 as part of the court record available for public inspection 27 and copying unless redaction is requested by the holder of 28 such number, or by the holder's attorney or legal guardian, in 29 a signed, legibly written request specifying the case name, 30 case number, document heading, and page number. The request 31 must be delivered by mail, facsimile, electronic transmission, 6 4:39 PM 03/31/06 s2366d-ju38-c7r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2366 Barcode 593500 1 or in person to the clerk of the circuit court. The clerk of 2 the circuit court does not have a duty to inquire beyond the 3 written request to verify the identity of a person requesting 4 redaction. A fee may not be charged for the redaction of a 5 social security number or a bank account, debit, charge, or 6 credit card number pursuant to such request. The clerk of the 7 circuit court has no liability for the inadvertent release of 8 confidential or exempt information unknown to the clerk of the 9 circuit court in court records filed with the clerk of the 10 circuit court on or before January 1, 2009. The clerk of the 11 circuit court shall immediately and conspicuously post signs 12 throughout his or her offices for public viewing and shall 13 immediately and conspicuously post, on any Internet website or 14 remote electronic site made available by the clerk of the 15 circuit court, a notice stating, in substantially similar 16 form, the following: 17 (I) On or after October 1, 2006, any person preparing 18 or filing a court document may not include a social security 19 number or a complete bank account, debit, charge, or credit 20 card number in such document, unless required by law or court 21 rule, or necessary to the adjudication of the case. 22 (II) Any person has a right to request that the clerk 23 of the circuit court remove from an image or copy of a court 24 document a social security number or complete bank account, 25 debit, charge, or credit card number contained in a court 26 document. Such request must be made in writing and delivered 27 by mail, facsimile, electronic transmission, or in person to 28 the clerk of the circuit court. The request must specify the 29 case number, the title of the document, and the identification 30 page number of the document which contains the number to be 31 redacted. A fee will not be charged for the redaction of a 7 4:39 PM 03/31/06 s2366d-ju38-c7r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2366 Barcode 593500 1 social security number or a complete bank account, debit, 2 charge, or credit card number pursuant to such a request. 3 e. Any person who prepares or files a document to be 4 recorded in the official records by the county recorder as 5 provided in chapter 28 may not include a person's social 6 security number or complete bank account, debit, charge, or 7 credit card number in that document unless otherwise expressly 8 required by law. Until January 1, 2007, If a social security 9 number or a complete bank account, debit, charge, or credit 10 card number is or has been included in a document presented to 11 the county recorder for recording in the official records of 12 the county, such number may be made available as part of the 13 official record available for public inspection and copying. 14 Any person, or his or her attorney or legal guardian, may 15 request that a county recorder remove from an image or copy of 16 an official record placed on a county recorder's publicly 17 available Internet website, or a publicly available Internet 18 website used by a county recorder to display public records 19 outside the office or otherwise made electronically available 20 outside the county recorder's office to the general public, 21 his or her social security number or complete account, debit, 22 charge, or credit card number contained in that official 23 record. Such request must be legibly written, signed by the 24 requester, and delivered by mail, facsimile, electronic 25 transmission, or in person to the county recorder. The request 26 must specify the identification page number of the document 27 that contains the number to be redacted. The county recorder 28 does not have a duty to inquire beyond the written request to 29 verify the identity of a person requesting redaction. A fee 30 may not be charged for redacting such numbers. However, if the 31 county recorder accepts or stores official records in an 8 4:39 PM 03/31/06 s2366d-ju38-c7r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2366 Barcode 593500 1 electronic format, the county recorder must use his or her 2 best efforts to redact all social security numbers or complete 3 bank account, debit, charge, or credit card numbers from 4 electronic copies of the official records documents. The use 5 of an automated program for redaction shall be deemed the best 6 effort and complies with the requirements of this 7 sub-subparagraph. The county recorder is not liable for the 8 inadvertent release of confidential or exempt information 9 which is unknown to the county recorder. 10 f. Subparagraphs 2. and 3. do not apply to the clerks 11 of the court or the county recorder with respect to circuit 12 court records and official records. 13 g. On January 1, 2007, and thereafter, the clerk of 14 the circuit court and the county recorder must keep complete 15 bank account, debit, charge, and credit card numbers exempt as 16 provided for in paragraph (b), and must keep social security 17 numbers confidential and exempt as provided for in 18 subparagraph 3., without any person having to request 19 redaction. 20 8. Beginning January 31, 2004, and each January 31 21 thereafter, every agency must file a report with the Secretary 22 of State, the President of the Senate, and the Speaker of the 23 House of Representatives listing the identity of all 24 commercial entities that have requested social security 25 numbers during the preceding calendar year and the specific 26 purpose or purposes stated by each commercial entity regarding 27 its need for social security numbers. If no disclosure 28 requests were made, the agency shall so indicate. 29 9. Any affected person may petition the circuit court 30 for an order directing compliance with this paragraph. 31 10. This paragraph does not supersede any other 9 4:39 PM 03/31/06 s2366d-ju38-c7r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2366 Barcode 593500 1 applicable public records exemptions existing prior to May 13, 2 2002, or created thereafter. 3 11. This paragraph is subject to the Open Government 4 Sunset Review Act in accordance with s. 119.15 and shall stand 5 repealed October 2, 2007, unless reviewed and saved from 6 repeal through reenactment by the Legislature. 7 Section 2. For the purpose of incorporating the 8 amendments made by this act to section 119.071, Florida 9 Statutes, in a reference thereto, paragraph (b) of subsection 10 (8) of section 1007.35, Florida Statutes, is reenacted to 11 read: 12 1007.35 Florida Partnership for Minority and 13 Underrepresented Student Achievement.-- 14 (8) 15 (b) The department shall contribute to the evaluation 16 process by providing access, consistent with s. 119.071(5)(a), 17 to student and teacher information necessary to match against 18 databases containing teacher professional development data and 19 databases containing assessment data for the PSAT/NMSQT, SAT, 20 AP, and other appropriate measures. The department shall also 21 provide student-level data on student progress from middle 22 school through high school and into college and the workforce, 23 if available, in order to support longitudinal studies. The 24 partnership shall analyze and report student performance data 25 in a manner that protects the rights of students and parents 26 as required in 20 U.S.C. s. 1232g and s. 1002.22. 27 Section 3. This act shall take effect July 1, 2006. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 10 4:39 PM 03/31/06 s2366d-ju38-c7r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2366 Barcode 593500 1 Delete everything before the enacting clause 2 3 and insert: 4 A bill to be entitled 5 An act relating to public records; amending s. 6 119.071, F.S.; providing that the clerk of the 7 circuit court has no liability for the 8 inadvertent release of certain confidential or 9 exempt information; requiring the clerk of the 10 circuit court to provide notice regarding the 11 inclusion of a social security number or a 12 complete bank account, debit, charge, or credit 13 card number in a court document or copy of a 14 court document; requiring the county recorder 15 to use his or her best efforts to redact all 16 social security numbers or complete bank 17 account, debit, charge, or credit card numbers 18 from electronic copies of official records 19 documents; providing that the county recorder 20 is not liable for the inadvertent release of 21 certain confidential or exempt information; 22 reenacting s. 1007.35(8)(b), F.S., relating to 23 access to information necessary to evaluate the 24 effectiveness of delivered services from the 25 Florida Partnership for Minority and 26 Underrepresented Student Achievement, to 27 incorporate the amendments made to s. 119.071, 28 F.S., in a reference thereto; providing an 29 effective date. 30 31 11 4:39 PM 03/31/06 s2366d-ju38-c7r