Senate Bill sb2366c2
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Florida Senate - 2006 CS for CS for SB 2366
By the Committees on Governmental Oversight and Productivity;
Judiciary; and Senator Argenziano
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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 best efforts to redact social security
13 numbers or complete bank account, debit,
14 charge, or credit card numbers from electronic
15 copies of official records documents; providing
16 that the county recorder is not liable for the
17 inadvertent release of certain confidential or
18 exempt information; reenacting s.
19 1007.35(8)(b), F.S., relating to access to
20 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.
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28 Be It Enacted by the Legislature of the State of Florida:
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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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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. Until January 1, 2008 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 social security numbers, or exempt bank
22 account, debit, charge, or credit card numbers, unknown to the
23 clerk of the circuit court in court records filed with the
24 clerk of the circuit court on or before January 1, 2008. The
25 clerk of the circuit court shall immediately and conspicuously
26 post signs throughout his or her offices for public viewing
27 and shall immediately and conspicuously post, on any Internet
28 website or remote electronic site made available by the clerk
29 of the circuit court, a notice stating, in substantially
30 similar form, the following:
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1 (I) On or after October 1, 2006, any person preparing
2 or filing a court document may not include a social security
3 number or a complete bank account, debit, charge, or credit
4 card number in such document, unless required by law or court
5 rule, or necessary to the adjudication of the case.
6 (II) Any person has a right to request that the clerk
7 of the circuit court remove from an image or copy of a court
8 document a social security number or complete bank account,
9 debit, charge, or credit card number contained in a court
10 document. Such request must be made in writing and delivered
11 by mail, facsimile, electronic transmission, or in person to
12 the clerk of the circuit court. The request must specify the
13 case number, the title of the document, and the identification
14 page number of the document which contains the number to be
15 redacted. A fee will not be charged for the redaction of a
16 social security number or a complete bank account, debit,
17 charge, or credit card number pursuant to such a request.
18 e. Any person who prepares or files a document to be
19 recorded in the official records by the county recorder as
20 provided in chapter 28 may not include a person's social
21 security number or complete bank account, debit, charge, or
22 credit card number in that document unless otherwise expressly
23 required by law. Until January 1, 2008 2007, if a social
24 security number or a complete bank account, debit, charge, or
25 credit card number is or has been included in a document
26 presented to the county recorder for recording in the official
27 records of the county, such number may be made available as
28 part of the official record available for public inspection
29 and copying. Any person, or his or her attorney or legal
30 guardian, may request that a county recorder remove from an
31 image or copy of an official record placed on a county
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1 recorder's publicly available Internet website, or a publicly
2 available Internet website used by a county recorder to
3 display public records outside the office or otherwise made
4 electronically available outside the county recorder's office
5 to the general public, his or her social security number or
6 complete account, debit, charge, or credit card number
7 contained in that official record. Such request must be
8 legibly written, signed by the requester, and delivered by
9 mail, facsimile, electronic transmission, or in person to the
10 county recorder. The request must specify the identification
11 page number of the document that contains the number to be
12 redacted. The county recorder does not have a duty to inquire
13 beyond the written request to verify the identity of a person
14 requesting redaction. A fee may not be charged for redacting
15 such numbers. If the county recorder accepts or stores
16 official records in an electronic format, the county recorder
17 must use his or her best efforts to redact all social security
18 numbers or complete bank account, debit, charge, or credit
19 card numbers from electronic copies of the official records.
20 The use of an automated program for redaction shall be deemed
21 the best effort and complies with the requirements of this
22 sub-subparagraph. The county recorder is not liable for the
23 inadvertent release of confidential and exempt social security
24 numbers, or exempt bank account, debit, charge or credit card
25 numbers, filed with the county recorder on or before January
26 1, 2008.
27 f. Subparagraphs 2. and 3. do not apply to the clerks
28 of the court or the county recorder with respect to circuit
29 court records and official records.
30 g. On January 1, 2008 2007, and thereafter, the clerk
31 of the circuit court and the county recorder must keep
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1 complete bank account, debit, charge, and credit card numbers
2 exempt as provided for in paragraph (b), and must keep social
3 security numbers confidential and exempt as provided for in
4 subparagraph 3., without any person having to request
5 redaction.
6 8. Beginning January 31, 2004, and each January 31
7 thereafter, every agency must file a report with the Secretary
8 of State, the President of the Senate, and the Speaker of the
9 House of Representatives listing the identity of all
10 commercial entities that have requested social security
11 numbers during the preceding calendar year and the specific
12 purpose or purposes stated by each commercial entity regarding
13 its need for social security numbers. If no disclosure
14 requests were made, the agency shall so indicate.
15 9. Any affected person may petition the circuit court
16 for an order directing compliance with this paragraph.
17 10. This paragraph does not supersede any other
18 applicable public records exemptions existing prior to May 13,
19 2002, or created thereafter.
20 11. This paragraph is subject to the Open Government
21 Sunset Review Act in accordance with s. 119.15 and shall stand
22 repealed October 2, 2007, unless reviewed and saved from
23 repeal through reenactment by the Legislature.
24 Section 2. For the purpose of incorporating the
25 amendments made by this act to section 119.071, Florida
26 Statutes, in a reference thereto, paragraph (b) of subsection
27 (8) of section 1007.35, Florida Statutes, is reenacted to
28 read:
29 1007.35 Florida Partnership for Minority and
30 Underrepresented Student Achievement.--
31 (8)
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1 (b) The department shall contribute to the evaluation
2 process by providing access, consistent with s. 119.071(5)(a),
3 to student and teacher information necessary to match against
4 databases containing teacher professional development data and
5 databases containing assessment data for the PSAT/NMSQT, SAT,
6 AP, and other appropriate measures. The department shall also
7 provide student-level data on student progress from middle
8 school through high school and into college and the workforce,
9 if available, in order to support longitudinal studies. The
10 partnership shall analyze and report student performance data
11 in a manner that protects the rights of students and parents
12 as required in 20 U.S.C. s. 1232g and s. 1002.22.
13 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 CS/SB 2366
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4 Extends date by which a clerk of court may release a record
without redacting a social security number or financial
5 account number from January 1, 2007 to January 1, 2008, unless
redaction is requested.
6
Extends date by which a county recorder may release a record
7 without redacting a social security number or financial
account number from January 1, 2007 to January 1, 2008, unless
8 redacting is requested.
9 Requires the clerk and the county recorder, on January 1,
2008, and thereafter, to keep complete bank account, debit,
10 charge, and credit card numbers exempt, without request.
11 Grants immunity for inadvertent release only for social
security numbers and financial account numbers, but not for
12 all confidential or exempt information that is inadvertently
released redacting a social security number or financial
13 account number from January 1, 2007 to January 1, 2008, unless
redaction is requested.
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Extends date by which a county recorder may release a record
15 without redacting a social security number or financial
account number from January 1, 2007 to January 1, 2008, unless
16 redacting is requested.
17 Requires the clerk and the county recorder, on January 1,
2008, and thereafter, to keep complete bank account, debit,
18 charge, and credit card numbers exempt, without request.
19 Grants immunity for inadvertent release only for social
security numbers and financial account numbers, but not for
20 all confidential or exempt information that is inadvertently
released.
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