Senate Bill sb2366c1
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    Florida Senate - 2006                           CS for SB 2366
    By the Committee on Judiciary; and Senator Argenziano
    590-2193-06
  1                      A bill to be entitled
  2         An act relating to public records; amending s.
  3         119.071, F.S.; providing that the clerk of the
  4         circuit court has no liability for the
  5         inadvertent release of certain confidential or
  6         exempt information; requiring the clerk of the
  7         circuit court to provide notice regarding the
  8         inclusion of a social security number or a
  9         complete bank account, debit, charge, or credit
10         card number in a court document or copy of a
11         court document; requiring the county recorder
12         to use his or her best efforts to redact all
13         social security numbers or complete bank
14         account, debit, charge, or credit card numbers
15         from electronic copies of official records
16         documents; providing that the county recorder
17         is not liable for the inadvertent release of
18         certain confidential or exempt information;
19         reenacting s. 1007.35(8)(b), F.S., relating to
20         access to information necessary to evaluate the
21         effectiveness of delivered services from the
22         Florida Partnership for Minority and
23         Underrepresented Student Achievement, to
24         incorporate the amendments made to s. 119.071,
25         F.S., in a reference thereto; providing an
26         effective date.
27  
28  Be It Enacted by the Legislature of the State of Florida:
29  
30         Section 1.  Paragraph (a) of subsection (5) of section
31  119.071, Florida Statutes, is amended to read:
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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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    Florida Senate - 2006                           CS for SB 2366
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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.
31  
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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.  Until January 1, 2009 2007, if a social security
 4  number, made confidential and exempt pursuant to this
 5  paragraph, or a complete bank account, debit, charge, or
 6  credit card number made exempt pursuant to paragraph (b) is or
 7  has been included in a court file, such number may be included
 8  as part of the court record available for public inspection
 9  and copying unless redaction is requested by the holder of
10  such number, or by the holder's attorney or legal guardian, in
11  a signed, legibly written request specifying the case name,
12  case number, document heading, and page number. The request
13  must be delivered by mail, facsimile, electronic transmission,
14  or in person to the clerk of the circuit court. The clerk of
15  the circuit court does not have a duty to inquire beyond the
16  written request to verify the identity of a person requesting
17  redaction. A fee may not be charged for the redaction of a
18  social security number or a bank account, debit, charge, or
19  credit card number pursuant to such request. The clerk of the
20  circuit court has no liability for the inadvertent release of
21  confidential or exempt information unknown to the clerk of the
22  circuit court in court records filed with the clerk of the
23  circuit court on or before January 1, 2009. The clerk of the
24  circuit court shall immediately and conspicuously post signs
25  throughout his or her offices for public viewing and shall
26  immediately and conspicuously post, on any Internet website or
27  remote electronic site made available by the clerk of the
28  circuit court, a notice stating, in substantially similar
29  form, the following:
30         (I)  On or after October 1, 2006, any person preparing
31  or filing a court document may not include a social security
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 1  number or a complete bank account, debit, charge, or credit
 2  card number in such document, unless required by law or court
 3  rule, or necessary to the adjudication of the case.
 4         (II)  Any person has a right to request that the clerk
 5  of the circuit court remove from an image or copy of a court
 6  document a social security number or complete bank account,
 7  debit, charge, or credit card number contained in a court
 8  document. Such request must be made in writing and delivered
 9  by mail, facsimile, electronic transmission, or in person to
10  the clerk of the circuit court. The request must specify the
11  case number, the title of the document, and the identification
12  page number of the document which contains the number to be
13  redacted. A fee will not be charged for the redaction of a
14  social security number or a complete bank account, debit,
15  charge, or credit card number pursuant to such a request.
16         e.  Any person who prepares or files a document to be
17  recorded in the official records by the county recorder as
18  provided in chapter 28 may not include a person's social
19  security number or complete bank account, debit, charge, or
20  credit card number in that document unless otherwise expressly
21  required by law. Until January 1, 2007, If a social security
22  number or a complete bank account, debit, charge, or credit
23  card number is or has been included in a document presented to
24  the county recorder for recording in the official records of
25  the county, such number may be made available as part of the
26  official record available for public inspection and copying.
27  Any person, or his or her attorney or legal guardian, may
28  request that a county recorder remove from an image or copy of
29  an official record placed on a county recorder's publicly
30  available Internet website, or a publicly available Internet
31  website used by a county recorder to display public records
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 1  outside the office or otherwise made electronically available
 2  outside the county recorder's office to the general public,
 3  his or her social security number or complete account, debit,
 4  charge, or credit card number contained in that official
 5  record. Such request must be legibly written, signed by the
 6  requester, and delivered by mail, facsimile, electronic
 7  transmission, or in person to the county recorder. The request
 8  must specify the identification page number of the document
 9  that contains the number to be redacted. The county recorder
10  does not have a duty to inquire beyond the written request to
11  verify the identity of a person requesting redaction. A fee
12  may not be charged for redacting such numbers. However, if the
13  county recorder accepts or stores official records in an
14  electronic format, the county recorder must use his or her
15  best efforts to redact all social security numbers or complete
16  bank account, debit, charge, or credit card numbers from
17  electronic copies of the official records documents. The use
18  of an automated program for redaction shall be deemed the best
19  effort and complies with the requirements of this
20  sub-subparagraph. The county recorder is not liable for the
21  inadvertent release of confidential or exempt information
22  which is unknown to the county recorder.
23         f.  Subparagraphs 2. and 3. do not apply to the clerks
24  of the court or the county recorder with respect to circuit
25  court records and official records.
26         g.  On January 1, 2007, and thereafter, the clerk of
27  the circuit court and the county recorder must keep complete
28  bank account, debit, charge, and credit card numbers exempt as
29  provided for in paragraph (b), and must keep social security
30  numbers confidential and exempt as provided for in
31  
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 1  subparagraph 3., without any person having to request
 2  redaction.
 3         8.  Beginning January 31, 2004, and each January 31
 4  thereafter, every agency must file a report with the Secretary
 5  of State, the President of the Senate, and the Speaker of the
 6  House of Representatives listing the identity of all
 7  commercial entities that have requested social security
 8  numbers during the preceding calendar year and the specific
 9  purpose or purposes stated by each commercial entity regarding
10  its need for social security numbers. If no disclosure
11  requests were made, the agency shall so indicate.
12         9.  Any affected person may petition the circuit court
13  for an order directing compliance with this paragraph.
14         10.  This paragraph does not supersede any other
15  applicable public records exemptions existing prior to May 13,
16  2002, or created thereafter.
17         11.  This paragraph is subject to the Open Government
18  Sunset Review Act in accordance with s. 119.15 and shall stand
19  repealed October 2, 2007, unless reviewed and saved from
20  repeal through reenactment by the Legislature.
21         Section 2.  For the purpose of incorporating the
22  amendments made by this act to section 119.071, Florida
23  Statutes, in a reference thereto, paragraph (b) of subsection
24  (8) of section 1007.35, Florida Statutes, is reenacted to
25  read:
26         1007.35  Florida Partnership for Minority and
27  Underrepresented Student Achievement.--
28         (8)
29         (b)  The department shall contribute to the evaluation
30  process by providing access, consistent with s. 119.071(5)(a),
31  to student and teacher information necessary to match against
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 1  databases containing teacher professional development data and
 2  databases containing assessment data for the PSAT/NMSQT, SAT,
 3  AP, and other appropriate measures. The department shall also
 4  provide student-level data on student progress from middle
 5  school through high school and into college and the workforce,
 6  if available, in order to support longitudinal studies.  The
 7  partnership shall analyze and report student performance data
 8  in a manner that protects the rights of students and parents
 9  as required in 20 U.S.C. s. 1232g and s. 1002.22.
10         Section 3.  This act shall take effect July 1, 2006.
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2366
 3                                 
 4  The substantial changes made by the committee substitute to
    the underlying bill:
 5  
    --   Delete a change to s. 55.01(2), F.S., which would have
 6       required final judgments to contain birth dates rather
         than social security numbers;
 7  
    --   Extend the deadline to January 1, 2009, from January 1,
 8       2007, in existing s. 119.071(5)(a)7.d., F.S., by which
         clerks of court must automatically redact social
 9       security, bank account, credit, and debit card numbers
         from court records;
10  
    --   Provide court clerks and county recorders with immunity
11       from liability for inadvertent releases of confidential
         information;
12  
    --   Require court clerks to post a notice stating that the
13       inclusion of social security, bank account, credit, and
         debit card numbers in court documents is prohibited
14       unless required by law;
15  --   Require court clerks to post a notice informing the
         public of their rights to request the redaction of social
16       security, bank account, credit, and debit card numbers
         from court documents;
17  
    --   Delete the date of January 1, 2007, from existing s.
18       119.071(5)(a)7.e., F.S., which was the date by which
         county recorders must keep social security, bank account,
19       credit, and debit card numbers confidential;
20  --   Require county recorders that store official records
         electronically to use an automated program to redact
21       social security, bank account, credit, and debit card
         numbers;
22  
    --   Reinstate existing law in s. 119.071(5)(a)7.f., F.S.,
23       which makes subparagraphs 2. and 3. inapplicable to
         clerks of court and county recorders; and
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    --   Remove provisions relating to reference sheets containing
25       confidential information applicable to a filing with a
         clerk of court.
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