Senate Bill sb2366
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Florida Senate - 2006 SB 2366
By Senator Argenziano
3-1232A-06
1 A bill to be entitled
2 An act relating to public records; amending s.
3 55.01, F.S.; requiring that a person's date of
4 birth rather than social security number be
5 included on a final judgment; amending s.
6 119.071, F.S.; providing that if confidential
7 and exempt information is or has been included
8 in a court file or in a document filed as an
9 official record, the information may be
10 included as part of the court record or
11 official record available for public inspection
12 and copying unless redaction is requested by
13 specified individuals; requiring the individual
14 requesting redaction to designate the statutory
15 citation making the information confidential
16 and exempt; requiring that, after a specified
17 date, a person who files a document with the
18 clerk of the court must redact any information
19 the person deems confidential and exempt by
20 state or federal law before filing the document
21 with the clerk of the court; requiring the
22 person to replace the redacted information with
23 a unique number cross-referenced to a separate
24 reference sheet of confidential information;
25 requesting the Supreme Court to revise existing
26 forms and to adopt a standardized reference
27 sheet of confidential information for use in
28 documents having information made confidential
29 and exempt from inspection; providing
30 procedures to be used when a person files a
31 confidential document taken from one court file
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1 in order to place the document in another court
2 file; requiring the clerk of the court to give
3 notice by a specified date of the changes to
4 the procedures for filing information that is
5 confidential and exempt from inspection;
6 requiring the clerk to place the notice on the
7 Internet and to publish the notice in the
8 newspaper; providing the contents of the
9 notice; reenacting s. 1007.35(8)(b), F.S.,
10 relating to access to information necessary to
11 evaluate the effectiveness of delivered
12 services from the Florida Partnership for
13 Minority and Underrepresented Student
14 Achievement, to incorporate the amendments made
15 to s. 119.071, F.S., in a reference thereto;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsection (2) of section 55.01, Florida
21 Statutes, is amended to read:
22 55.01 Judgments; general form.--
23 (2) Each final judgment shall contain thereon the
24 address and the date of birth social security number, if known
25 to the prevailing party, of each person against whom judgment
26 is rendered. Errors in names, addresses, or dates of birth
27 social security numbers or failure to include same shall in no
28 way affect the validity or finality of a final judgment.
29 Section 2. Paragraph (a) of subsection (5) of section
30 119.071, Florida Statutes, is amended to read:
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Florida Senate - 2006 SB 2366
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1 119.071 General exemptions from inspection or copying
2 of public records.--
3 (5) OTHER PERSONAL INFORMATION.--
4 (a)1. The Legislature acknowledges that the social
5 security number was never intended to be used for business
6 purposes but was intended to be used solely for the
7 administration of the federal Social Security System. The
8 Legislature is further aware that over time this unique
9 numeric identifier has been used extensively for identity
10 verification purposes and other legitimate consensual
11 purposes. The Legislature is also cognizant of the fact that
12 the social security number can be used as a tool to perpetuate
13 fraud against a person and to acquire sensitive personal,
14 financial, medical, and familial information, the release of
15 which could cause great financial or personal harm to an
16 individual. The Legislature intends to monitor the commercial
17 use of social security numbers held by state agencies in order
18 to maintain a balanced public policy.
19 2. An agency may shall not collect an individual's
20 social security number unless authorized by law to do so or
21 unless the collection of the social security number is
22 otherwise imperative for the performance of that agency's
23 duties and responsibilities as prescribed by law. Social
24 security numbers collected by an agency must be relevant to
25 the purpose for which collected and may shall not be collected
26 until and unless the need for social security numbers has been
27 clearly documented. An agency that collects social security
28 numbers shall also segregate that number on a separate page
29 from the rest of the record, or as otherwise appropriate, in
30 order that the social security number be more easily redacted,
31 if required, pursuant to a public records request. An agency
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1 collecting a person's social security number shall, upon that
2 person's request, at the time of or prior to the actual
3 collection of the social security number by that agency,
4 provide that person with a statement of the purpose or
5 purposes for which the social security number is being
6 collected and used. Social security numbers collected by an
7 agency may shall not be used by that agency for any purpose
8 other than the purpose stated. Social security numbers
9 collected by an agency before prior to May 13, 2002, shall be
10 reviewed for compliance with this subparagraph. If the
11 collection of a social security number before prior to May 13,
12 2002, is found to be unwarranted, the agency shall immediately
13 discontinue the collection of social security numbers for that
14 purpose.
15 3. Effective October 1, 2002, all social security
16 numbers held by an agency are confidential and exempt from s.
17 119.07(1) and s. 24(a), Art. I of the State Constitution. This
18 exemption applies to all social security numbers held by an
19 agency before, on, or after the effective date of this
20 exemption.
21 4. Social security numbers may be disclosed to another
22 governmental entity or its agents, employees, or contractors
23 if disclosure is necessary for the receiving entity to perform
24 its duties and responsibilities. The receiving governmental
25 entity and its agents, employees, and contractors shall
26 maintain the confidential and exempt status of the such
27 numbers.
28 5. An agency may shall not deny a commercial entity
29 engaged in the performance of a commercial activity as defined
30 in s. 14.203 or its agents, employees, or contractors access
31 to social security numbers, provided the social security
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1 numbers will be used only in the normal course of business for
2 legitimate business purposes, and provided the commercial
3 entity makes a written request for social security numbers,
4 verified as provided in s. 92.525, legibly signed by an
5 authorized officer, employee, or agent of the commercial
6 entity. The verified written request must contain the
7 commercial entity's name, business mailing and location
8 addresses, business telephone number, and a statement of the
9 specific purposes for which it needs the social security
10 numbers and how the social security numbers will be used in
11 the normal course of business for legitimate business
12 purposes. The aggregate of these requests shall serve as the
13 basis for the agency report required in subparagraph 8. An
14 agency may request any other information reasonably necessary
15 to verify the identity of the entity requesting the social
16 security numbers and the specific purposes for which the such
17 numbers will be used; however, an agency has no duty to
18 inquire beyond the information contained in the verified
19 written request. A legitimate business purpose includes
20 verification of the accuracy of personal information received
21 by a commercial entity in the normal course of its business;
22 use in a civil, criminal, or administrative proceeding; use
23 for insurance purposes; use in law enforcement and
24 investigation of crimes; use in identifying and preventing
25 fraud; use in matching, verifying, or retrieving information;
26 and use in research activities. A legitimate business purpose
27 does not include the display or bulk sale of social security
28 numbers to the general public or the distribution of such
29 numbers to any customer that is not identifiable by the
30 distributor.
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1 6. Any person who makes a false representation in
2 order to obtain a social security number pursuant to this
3 paragraph, or any person who willfully and knowingly violates
4 this paragraph, commits a felony of the third degree,
5 punishable as provided in s. 775.082 or s. 775.083. Any public
6 officer who violates this paragraph is guilty of a noncriminal
7 infraction, punishable by a fine not exceeding $500. A
8 commercial entity that provides access to public records
9 containing social security numbers in accordance with this
10 paragraph is not subject to the penalty provisions of this
11 subparagraph.
12 7.a. On or after October 1, 2002, a person preparing
13 or filing a document to be recorded in the official records by
14 the county recorder as provided for in chapter 28 may not
15 include any person's social security number in that document,
16 unless otherwise expressly required by law. If a social
17 security number is or has been included in a document
18 presented to the county recorder for recording in the official
19 records of the county before, on, or after October 1, 2002, it
20 may be made available as part of the official record available
21 for public inspection and copying.
22 b. Any person, or his or her attorney or legal
23 guardian, has the right to request that a county recorder
24 remove, from an image or copy of an official record placed on
25 a county recorder's publicly available Internet website or a
26 publicly available Internet website used by a county recorder
27 to display public records or otherwise made electronically
28 available to the general public by such recorder, his or her
29 social security number contained in that official record. The
30 Such request must be made in writing, legibly signed by the
31 requester and delivered by mail, facsimile, or electronic
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1 transmission, or delivered in person, to the county recorder.
2 The request must specify the identification page number that
3 contains the social security number to be redacted. The county
4 recorder has no duty to inquire beyond the written request to
5 verify the identity of a person requesting redaction. A fee
6 may shall not be charged for the redaction of a social
7 security number pursuant to such request.
8 c. A county recorder shall immediately and
9 conspicuously post signs throughout his or her offices for
10 public viewing and shall immediately and conspicuously post,
11 on any Internet website or remote electronic site made
12 available by the county recorder and used for the ordering or
13 display of official records or images or copies of official
14 records, a notice stating, in substantially similar form, the
15 following:
16 (I) On or after October 1, 2002, any person preparing
17 or filing a document for recordation in the official records
18 may not include a social security number in such document,
19 unless required by law.
20 (II) Any person has a right to request a county
21 recorder to remove, from an image or copy of an official
22 record placed on a county recorder's publicly available
23 Internet website or on a publicly available Internet website
24 used by a county recorder to display public records or
25 otherwise made electronically available to the general public,
26 any social security number contained in an official record.
27 Such request must be made in writing and delivered by mail,
28 facsimile, or electronic transmission, or delivered in person,
29 to the county recorder. The request must specify the
30 identification page number that contains the social security
31 number to be redacted. A No fee may not will be charged for
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1 the redaction of a social security number pursuant to such a
2 request.
3 d. Notwithstanding any other law, if any information
4 made confidential and exempt Until January 1, 2007, if a
5 social security number, made confidential and exempt pursuant
6 to this paragraph, or a complete bank account, debit, charge,
7 or credit card number made exempt pursuant to paragraph (b) is
8 or has been included in a court file, this information such
9 number may be included as part of the court record available
10 for public inspection and copying unless redaction is
11 requested by the person to whom the information pertains
12 holder of such number, or by that person's the holder's
13 attorney or legal guardian, in a signed, legibly written
14 request specifying the case name, case number, document
15 heading, and page number. The request must identify the
16 information to be redacted, together with the statutory
17 citation designating the information as confidential or
18 exempt, and must be delivered by mail, facsimile, electronic
19 transmission, or in person to the clerk of the circuit court.
20 The clerk of the circuit court does not have a duty to inquire
21 beyond the written request to verify the identity of a person
22 requesting redaction. A fee may not be charged for the
23 redaction of the information a social security number or a
24 bank account, debit, charge, or credit card number pursuant to
25 the such request.
26 e. Any person who prepares or files a document to be
27 recorded in the official records by the county recorder as
28 provided in chapter 28 may not include a person's social
29 security number or complete bank account, debit, charge, or
30 credit card number in that document unless otherwise expressly
31 required by law. Notwithstanding any other law, if any
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1 information made confidential and exempt Until January 1,
2 2007, if a social security number or a complete bank account,
3 debit, charge, or credit card number is or has been included
4 in a document presented to the county recorder for recording
5 in the official records of the county, this information such
6 number may be made available as part of the official record
7 available for public inspection and copying. Any person, or
8 his or her attorney or legal guardian, may request that a
9 county recorder remove from an image or copy of an official
10 record placed on a county recorder's publicly available
11 Internet website, or a publicly available Internet website
12 used by a county recorder to display public records outside
13 the office or otherwise made electronically available outside
14 the county recorder's office to the general public, his or her
15 confidential or exempt information social security number or
16 complete account, debit, charge, or credit card number
17 contained in that official record. The Such request must be
18 legibly written, signed by the requester, and delivered by
19 mail, facsimile, electronic transmission, or in person to the
20 county recorder. The request must specify the identification
21 page number of the document that contains the information
22 number to be redacted and a statutory citation designating the
23 information as being confidential or exempt. The county
24 recorder does not have a duty to inquire beyond the written
25 request to verify the identity of a person requesting
26 redaction. A fee may not be charged for redacting the
27 information such numbers.
28 f. Subparagraphs 5. 2. and 7. 3. do not apply to the
29 clerks of the court or the county recorder with respect to
30 circuit court records and official records.
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1 g. On January 1, 2007, and thereafter, any party or
2 person who files a document with the clerk of the court must
3 redact any information deemed confidential and exempt by this
4 chapter or any other provision of state or federal law before
5 filing the document with the clerk of the court. The person or
6 party must replace the redacted information with a unique
7 number that is cross-referenced to a separate reference sheet
8 of confidential information.
9 8. The Supreme Court is requested to revise all
10 existing forms to facilitate the segregation of the collection
11 of information that is confidential and exempt from public
12 inspection. The Supreme Court is requested to adopt a
13 standardized reference sheet of confidential information for
14 use in documents having information made confidential and
15 exempt from inspection by this chapter or any other provision
16 of state or federal law.
17 9. The clerk of the court shall make the reference
18 sheet available to the public at no cost and shall assist pro
19 se litigants in preparing the reference sheet. After a
20 completed reference sheet of confidential information is
21 filed, the clerk of the court shall seal the document in the
22 court records. However, the document may be inspected by any
23 party to the case, an attorney of record, and any governmental
24 agency, including any court or law enforcement agency, when
25 carrying out its assigned functions or a party otherwise
26 authorized by the court.
27 10. If a person or party files a confidential and
28 exempt document taken from one court file to be placed into
29 another court file, the party or person filing the document
30 has the burden to identify which information must be redacted
31 by the clerk of the court. The person or party must include a
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1 reference sheet of confidential information at the time of the
2 filing.
3 11. By December 1, 2006, the clerk of the court shall:
4 a. Conspicuously and clearly post a notice of the
5 procedures required by this subsection on the publicly
6 available Internet website on which images or copies of the
7 public records of the county are placed. The same notice must
8 also be displayed in each office of the clerk of the court.
9 b. Publish, on two separate dates, the notice of the
10 required procedures in a newspaper of general circulation in
11 the county where the office of the clerk of the court is
12 located in a manner prescribed in chapter 50. Each notice must
13 include the following:
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15 Any person who files a document with the clerk
16 of the circuit court must redact any
17 information that he or she believes is
18 confidential and exempt from public inspection
19 by state or federal law before filing the
20 document with the clerk of the court. The
21 person must replace the redacted information
22 with a unique number that is cross-referenced
23 to a reference sheet of separate confidential
24 information. The clerk of the court will make
25 the reference sheet available at no cost and
26 will assist persons in preparing the reference
27 sheet of confidential information. After a
28 reference sheet of confidential information is
29 completed and filed with the clerk, the clerk
30 will seal the reference sheet. the clerk of the
31 circuit court and the county recorder must keep
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1 complete bank account, debit, charge, and
2 credit card numbers exempt as provided for in
3 paragraph (b), and must keep social security
4 numbers confidential and exempt as provided for
5 in subparagraph 3., without any person having
6 to request redaction.
7 12.8. Beginning January 31, 2004, and each January 31
8 thereafter, every agency must file a report with the Secretary
9 of State, the President of the Senate, and the Speaker of the
10 House of Representatives listing the identity of all
11 commercial entities that have requested social security
12 numbers during the preceding calendar year and the specific
13 purpose or purposes stated by each commercial entity regarding
14 its need for social security numbers. If no disclosure
15 requests were made, the agency shall so indicate.
16 13.9. Any affected person may petition the circuit
17 court for an order directing compliance with this paragraph.
18 14.10. This paragraph does not supersede any other
19 applicable public records exemptions existing before prior to
20 May 13, 2002, or created thereafter.
21 15.11. This paragraph is subject to the Open
22 Government Sunset Review Act in accordance with s. 119.15 and
23 shall stand repealed October 2, 2007, unless reviewed and
24 saved from repeal through reenactment by the Legislature.
25 Section 3. For the purpose of incorporating the
26 amendments made by this act to section 119.071, Florida
27 Statutes, in a reference thereto, paragraph (b) of subsection
28 (8) of section 1007.35, Florida Statutes, is reenacted to
29 read:
30 1007.35 Florida Partnership for Minority and
31 Underrepresented Student Achievement.--
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1 (8)
2 (b) The department shall contribute to the evaluation
3 process by providing access, consistent with s. 119.071(5)(a),
4 to student and teacher information necessary to match against
5 databases containing teacher professional development data and
6 databases containing assessment data for the PSAT/NMSQT, SAT,
7 AP, and other appropriate measures. The department shall also
8 provide student-level data on student progress from middle
9 school through high school and into college and the workforce,
10 if available, in order to support longitudinal studies. The
11 partnership shall analyze and report student performance data
12 in a manner that protects the rights of students and parents
13 as required in 20 U.S.C. s. 1232g and s. 1002.22.
14 Section 4. This act shall take effect July 1, 2006.
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17 SENATE SUMMARY
18 Removes the social security number of each person against
whom a final judgment is rendered and replaces it with
19 the person's date of birth. Provides that if confidential
and exempt information is or has been included in a court
20 file or in a document filed as an official record, the
information may be included as part of the court record
21 or official record available for public inspection and
copying unless redaction is requested by specified
22 individuals. Requires the individual requesting redaction
to designate the statutory citation making the
23 information confidential and exempt. Requires that after
a specified date, a person who files a document with the
24 clerk of the court must redact any information the person
deems confidential and exempt by state or federal law
25 before filing the document with the clerk of the court.
Requires the person to replace the redacted information
26 with a unique number cross-referenced to a separate
reference sheet of confidential information. Requests the
27 Supreme Court to revise existing forms and to adopt a
standardized reference sheet for use in cases with
28 information made confidential and exempt. Requires the
clerk of the court to give notice by a specified date of
29 the changes to the procedures for filing confidential and
exempt information.
30
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