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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    Florida Senate - 2006                           CS for 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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    Florida Senate - 2006                           CS for SB 2366
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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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    Florida Senate - 2006                           CS for SB 2366
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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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    Florida Senate - 2006                           CS for SB 2366
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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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    Florida Senate - 2006                           CS for SB 2366
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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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    Florida Senate - 2006                           CS for SB 2366
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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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    Florida Senate - 2006                           CS for SB 2366
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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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    Florida Senate - 2006                           CS for SB 2366
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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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    Florida Senate - 2006                           CS for SB 2366
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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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    Florida Senate - 2006                           CS for SB 2366
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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
24  
    --   Remove provisions relating to reference sheets containing
25       confidential information applicable to a filing with a
         clerk of court.
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