Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2518
                        Barcode 100666
                            CHAMBER ACTION
              Senate                               House
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       04/04/2006 10:43 AM         .                    
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11  The Committee on Ways and Means (Villalobos) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 19, between lines 4 and 5,
16  
17  insert:  
18         Section 13.  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. CS for SB 2518 Barcode 100666 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 shall not collect an individual's social 8 security number unless authorized by law to do so or unless 9 the collection of the social security number is otherwise 10 imperative for the performance of that agency's duties and 11 responsibilities as prescribed by law. Social security numbers 12 collected by an agency must be relevant to the purpose for 13 which collected and shall not be collected until and unless 14 the need for social security numbers has been clearly 15 documented. An agency that collects social security numbers 16 shall also segregate that number on a separate page from the 17 rest of the record, or as otherwise appropriate, in order that 18 the social security number be more easily redacted, if 19 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 shall not be used by that agency for any purpose other 27 than the purpose stated. Social security numbers collected by 28 an agency prior to May 13, 2002, shall be reviewed for 29 compliance with this subparagraph. If the collection of a 30 social security number prior to May 13, 2002, is found to be 31 unwarranted, the agency shall immediately discontinue the 2 12:10 PM 03/31/06 s2518c1c-wm38-ta1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2518 Barcode 100666 1 collection of social security numbers for that purpose. 2 3. Effective October 1, 2002, all social security 3 numbers held by an agency are confidential and exempt from s. 4 119.07(1) and s. 24(a), Art. I of the State Constitution. This 5 exemption applies to all social security numbers held by an 6 agency before, on, or after the effective date of this 7 exemption. 8 4. Social security numbers may be disclosed to another 9 governmental entity or its agents, employees, or contractors 10 if disclosure is necessary for the receiving entity to perform 11 its duties and responsibilities. The receiving governmental 12 entity and its agents, employees, and contractors shall 13 maintain the confidential and exempt status of such numbers. 14 5. An agency shall not deny a commercial entity 15 engaged in the performance of a commercial activity, which, 16 for purposes of this paragraph, means an activity that 17 provides a product or service that is available from a private 18 source, as defined in s. 14.203 or its agents, employees, or 19 contractors access to social security numbers, provided the 20 social security numbers will be used only in the normal course 21 of business for legitimate business purposes, and provided the 22 commercial entity makes a written request for social security 23 numbers, verified as provided in s. 92.525, legibly signed by 24 an 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 12:10 PM 03/31/06 s2518c1c-wm38-ta1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2518 Barcode 100666 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 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 12:10 PM 03/31/06 s2518c1c-wm38-ta1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2518 Barcode 100666 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. Such 17 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 shall not be charged for the redaction of a social security 25 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 12:10 PM 03/31/06 s2518c1c-wm38-ta1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2518 Barcode 100666 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. No fee will be charged for the 19 redaction of a social security number pursuant to such a 20 request. 21 d. Until January 1, 2007, if a social security number, 22 made confidential and exempt pursuant to this paragraph, or a 23 complete bank account, debit, charge, or credit card number 24 made exempt pursuant to paragraph (b) is or has been included 25 in a court file, such number may be included as part of the 26 court record available for public inspection and copying 27 unless redaction is requested by the holder of such number, or 28 by the holder's attorney or legal guardian, in a signed, 29 legibly written request specifying the case name, case number, 30 document heading, and page number. The request must be 31 delivered by mail, facsimile, electronic transmission, or in 6 12:10 PM 03/31/06 s2518c1c-wm38-ta1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2518 Barcode 100666 1 person to the clerk of the circuit court. The clerk of the 2 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. 7 e. Any person who prepares or files a document to be 8 recorded in the official records by the county recorder as 9 provided in chapter 28 may not include a person's social 10 security number or complete bank account, debit, charge, or 11 credit card number in that document unless otherwise expressly 12 required by law. Until January 1, 2007, if a social security 13 number or a complete bank account, debit, charge, or credit 14 card number is or has been included in a document presented to 15 the county recorder for recording in the official records of 16 the county, such number may be made available as part of the 17 official record available for public inspection and copying. 18 Any person, or his or her attorney or legal guardian, may 19 request that a county recorder remove from an image or copy of 20 an official record placed on a county recorder's publicly 21 available Internet website, or a publicly available Internet 22 website used by a county recorder to display public records 23 outside the office or otherwise made electronically available 24 outside the county recorder's office to the general public, 25 his or her social security number or complete account, debit, 26 charge, or credit card number contained in that official 27 record. Such request must be legibly written, signed by the 28 requester, and delivered by mail, facsimile, electronic 29 transmission, or in person to the county recorder. The request 30 must specify the identification page number of the document 31 that contains the number to be redacted. The county recorder 7 12:10 PM 03/31/06 s2518c1c-wm38-ta1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2518 Barcode 100666 1 does not have a duty to inquire beyond the written request to 2 verify the identity of a person requesting redaction. A fee 3 may not be charged for redacting such numbers. 4 f. Subparagraphs 2. and 3. do not apply to the clerks 5 of the court or the county recorder with respect to circuit 6 court records and official records. 7 g. On January 1, 2007, and thereafter, the clerk of 8 the circuit court and the county recorder must keep complete 9 bank account, debit, charge, and credit card numbers exempt as 10 provided for in paragraph (b), and must keep social security 11 numbers confidential and exempt as provided for in 12 subparagraph 3., without any person having to request 13 redaction. 14 8. Beginning January 31, 2004, and each January 31 15 thereafter, every agency must file a report with the Secretary 16 of State, the President of the Senate, and the Speaker of the 17 House of Representatives listing the identity of all 18 commercial entities that have requested social security 19 numbers during the preceding calendar year and the specific 20 purpose or purposes stated by each commercial entity regarding 21 its need for social security numbers. If no disclosure 22 requests were made, the agency shall so indicate. 23 9. Any affected person may petition the circuit court 24 for an order directing compliance with this paragraph. 25 10. This paragraph does not supersede any other 26 applicable public records exemptions existing prior to May 13, 27 2002, or created thereafter. 28 11. This paragraph is subject to the Open Government 29 Sunset Review Act in accordance with s. 119.15 and shall stand 30 repealed October 2, 2007, unless reviewed and saved from 31 repeal through reenactment by the Legislature. 8 12:10 PM 03/31/06 s2518c1c-wm38-ta1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2518 Barcode 100666 1 2 (Redesignate subsequent sections.) 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 On page 2, line 25, after the semicolon, 8 9 insert: 10 amending s. 119.071, F.S.; deleting a 11 cross-reference; defining the term "commerical 12 activity" for purposes of a provision 13 authorizing the release of social security 14 numbers; 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 12:10 PM 03/31/06 s2518c1c-wm38-ta1