Senate Bill sb1468c1

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    Florida Senate - 2007                           CS for SB 1468

    By the Committee on Governmental Operations





    585-2675-07

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act regarding social

  4         security numbers and financial account numbers;

  5         amending s. 119.071, F.S., which provides a

  6         general exemption from inspection or copying of

  7         public records for social security numbers and

  8         bank account, debit, charge, and credit card

  9         numbers; reorganizing the exemption for social

10         security numbers; providing definitions;

11         revising reporting requirements; clarifying

12         penalty provisions; making editorial changes;

13         removing the scheduled repeal of the exemption

14         under the Open Government Sunset Review Act;

15         creating s. 119.0714, F.S., and renumbering and

16         amending s. 119.07(6), F.S.; consolidating and

17         revising current public-records exemptions

18         applicable to court files, court records, and

19         official records; revising the date on which

20         automatic redaction of social security numbers

21         and financial account numbers by court clerks

22         is required; amending s. 215.322, F.S.;

23         eliminating a public-records exemption for

24         credit card account numbers in the possession

25         of a state agency, a unit of local government,

26         or the judicial branch; amending s. 119.07,

27         F.S., to conform; providing an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

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 1         Section 1.  Paragraph (a) of subsection (4) and

 2  paragraphs (a) and (b) of subsection (5) of section 119.071,

 3  Florida Statutes, are amended to read:

 4         119.071  General exemptions from inspection or copying

 5  of public records.--

 6         (4)

 7         (a)1.  The social security numbers of all current and

 8  former agency employees which numbers are contained in agency

 9  employment records are exempt from s. 119.07(1) and s. 24(a),

10  Art. I of the State Constitution.

11         2.  An agency that is the custodian of a social

12  security number specified in subparagraph 1. and that is not

13  the employing agency shall maintain the exempt status of the

14  social security number only if the employee or the employing

15  agency of the employee submits a written request for

16  confidentiality to the custodial agency. However, upon a

17  request by a commercial entity as provided in subparagraph

18  (5)(a)7.b. (5)(a)5., the custodial agency shall release the

19  last four digits of the exempt social security number, except

20  that a social security number provided in a lien filed with

21  the Department of State shall be released in its entirety.

22  This subparagraph is subject to the Open Government Sunset

23  Review Act in accordance with s. 119.15 and shall stand

24  repealed on October 2, 2009, unless reviewed and saved from

25  repeal through reenactment by the Legislature.

26         (5)  OTHER PERSONAL INFORMATION.--

27         (a)1.a.  The Legislature acknowledges that the social

28  security number was never intended to be used for business

29  purposes but was intended to be used solely for the

30  administration of the federal Social Security System. The

31  Legislature is further aware that over time this unique

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 1  numeric identifier has been used extensively for identity

 2  verification purposes and other legitimate consensual

 3  purposes.

 4         b.  The Legislature recognizes is also cognizant of the

 5  fact that the social security number can be used as a tool to

 6  perpetuate fraud against an individual a person and to acquire

 7  sensitive personal, financial, medical, and familial

 8  information, the release of which could cause great financial

 9  or personal harm to an individual.

10         c.  The Legislature intends to monitor the commercial

11  use of social security numbers held by state agencies in order

12  to maintain a balanced public policy.

13         2.a.  An agency may not collect an individual's social

14  security number unless the agency has stated in writing the

15  purpose for its collection and unless it is:

16         (I)  Specifically authorized by law to do so; or

17         (II)  unless the collection of the social security

18  number is otherwise Imperative for the performance of that

19  agency's duties and responsibilities as prescribed by law.

20  Social security numbers collected by an agency must be

21  relevant to the purpose for which collected and may not be

22  collected until and unless the need for social security

23  numbers has been clearly documented.

24         b.  Social security numbers collected by an agency may

25  not be used by that agency for any purpose other than the

26  purpose provided in the written statement.

27         3.  An agency that collects social security numbers

28  shall also segregate that number on a separate page from the

29  rest of the record, or as otherwise appropriate, in order that

30  the social security number be more easily redacted, if

31  required, pursuant to a public records request. An agency

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 1  collecting an individual's a person's social security number

 2  shall, upon that person's request, at the time of or prior to

 3  the actual collection of the social security number by that

 4  agency, provide that individual person with a copy of the

 5  written statement required in subparagraph 2. of the purpose

 6  or purposes for which the social security number is being

 7  collected and used. Social security numbers collected by an

 8  agency may not be used by that agency for any purpose other

 9  than the purpose stated.

10         4.a.  Each social security numbers collected by an

11  agency before May 13, 2002, shall review whether its

12  collection of social security numbers is in be reviewed for

13  compliance with subparagraph 2. this subparagraph. If the

14  agency determines that collection of a social security number

15  before May 13, 2002, is not in compliance with subparagraph 2.

16  found to be unwarranted, the agency shall immediately

17  discontinue the collection of social security numbers for that

18  purpose.

19         b.  Each agency shall certify to the President of the

20  Senate and the Speaker of the House of Representatives its

21  compliance with this subparagraph no later than January 31,

22  2008.

23         5.3.  Effective October 1, 2002, all Social security

24  numbers held by an agency are confidential and exempt from s.

25  119.07(1) and s. 24(a), Art. I of the State Constitution. This

26  exemption applies to all social security numbers held by an

27  agency before, on, or after the effective date of this

28  exemption.

29         6.4.  Social security numbers may be disclosed to

30  another agency or governmental entity or its agents,

31  employees, or contractors if disclosure is necessary for the

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 1  receiving agency or entity to perform its duties and

 2  responsibilities. The receiving governmental entity and its

 3  agents, employees, and contractors shall maintain the

 4  confidential and exempt status of the numbers.

 5         7.a.  For purposes of this subsection, the term:

 6         (I)  "Commercial activity" means the provision of a

 7  lawful product or service by a commercial entity. Commercial

 8  activity includes verification of the accuracy of personal

 9  information received by a commercial entity in the normal

10  course of its business; use for insurance purposes; use in

11  identifying and preventing fraud; use in matching, verifying,

12  or retrieving information; and use in research activities. It

13  does not include the display or bulk sale of social security

14  numbers to the public or the distribution of such numbers to

15  any customer that is not identifiable by the commercial

16  entity.

17         (II)  "Commercial entity" means any corporation,

18  partnership, limited partnership, proprietorship, sole

19  proprietorship, firm, enterprise, franchise, or association

20  that performs a commercial activity in this state.

21         b.5.  An agency may not deny a commercial entity

22  engaged in the performance of a commercial activity, which,

23  for purposes of this paragraph, means an activity that

24  provides a product or service that is available from a private

25  source, or its agents, employees, or contractors access to

26  social security numbers, provided the social security numbers

27  will be used only in the performance of a commercial activity

28  normal course of business for legitimate business purposes,

29  and provided the commercial entity makes a written request for

30  the social security numbers. The written request must:,

31         (I)  Be verified as provided in s. 92.525;,

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 1         (II)  Be legibly signed by an authorized officer,

 2  employee, or agent of the commercial entity;.

 3         (III)  The verified written request must Contain the

 4  commercial entity's name, business mailing and location

 5  addresses, and business telephone number;, and

 6         (IV)  Contain a statement of the specific purposes for

 7  which it needs the social security numbers and how the social

 8  security numbers will be used in the performance of a

 9  commercial activity normal course of business for legitimate

10  business purposes. The aggregate of these requests shall serve

11  as the basis for the agency report required in subparagraph

12  9.8.

13         c.  An agency may request any other information

14  reasonably necessary to verify the identity of a commercial

15  the entity requesting the social security numbers and the

16  specific purposes for which the numbers will be used.;

17  however, An agency has no duty to inquire beyond the

18  information contained in the verified written request. A

19  legitimate business purpose includes verification of the

20  accuracy of personal information received by a commercial

21  entity in the normal course of its business; use in a civil,

22  criminal, or administrative proceeding; use for insurance

23  purposes; use in law enforcement and investigation of crimes;

24  use in identifying and preventing fraud; use in matching,

25  verifying, or retrieving information; and use in research

26  activities. A legitimate business purpose does not include the

27  display or bulk sale of social security numbers to the general

28  public or the distribution of such numbers to any customer

29  that is not identifiable by the distributor.

30         8.a.6.  Any person who makes a false representation in

31  order to obtain a social security number pursuant to this

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 1  paragraph, or any person who willfully and knowingly violates

 2  this paragraph, commits a felony of the third degree,

 3  punishable as provided in s. 775.082 or s. 775.083.

 4         b.  Any public officer who violates this paragraph

 5  commits is guilty of a noncriminal infraction, punishable by a

 6  fine not exceeding $500 per violation. A commercial entity

 7  that provides access to public records containing social

 8  security numbers in accordance with this paragraph is not

 9  subject to the penalty provisions of this subparagraph.

10         7.a.  On or after October 1, 2002, a person preparing

11  or filing a document to be recorded in the official records by

12  the county recorder as provided for in chapter 28 may not

13  include any person's social security number in that document,

14  unless otherwise expressly required by law. If a social

15  security number is or has been included in a document

16  presented to the county recorder for recording in the official

17  records of the county before, on, or after October 1, 2002, it

18  may be made available as part of the official record available

19  for public inspection and copying.

20         b.  Any person, or his or her attorney or legal

21  guardian, has the right to request that a county recorder

22  remove, from an image or copy of an official record placed on

23  a county recorder's publicly available Internet website or a

24  publicly available Internet website used by a county recorder

25  to display public records or otherwise made electronically

26  available to the general public by such recorder, his or her

27  social security number contained in that official record. The

28  request must be made in writing, legibly signed by the

29  requester and delivered by mail, facsimile, or electronic

30  transmission, or delivered in person, to the county recorder.

31  The request must specify the identification page number that

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 1  contains the social security number to be redacted. The county

 2  recorder has no duty to inquire beyond the written request to

 3  verify the identity of a person requesting redaction. A fee

 4  may not be charged for the redaction of a social security

 5  number pursuant to such request.

 6         c.  A county recorder shall immediately and

 7  conspicuously post signs throughout his or her offices for

 8  public viewing and shall immediately and conspicuously post,

 9  on any Internet website or remote electronic site made

10  available by the county recorder and used for the ordering or

11  display of official records or images or copies of official

12  records, a notice stating, in substantially similar form, the

13  following:

14         (I)  On or after October 1, 2002, Any person preparing

15  or filing a document for recordation in the official records

16  may not include a social security number in such document,

17  unless required by law.

18         (II)  Any person has a right to request a county

19  recorder to remove, from an image or copy of an official

20  record placed on a county recorder's publicly available

21  Internet website or on a publicly available Internet website

22  used by a county recorder to display public records or

23  otherwise made electronically available to the general public,

24  any social security number contained in an official record.

25  Such request must be made in writing and delivered by mail,

26  facsimile, or electronic transmission, or delivered in person,

27  to the county recorder. The request must specify the

28  identification page number that contains the social security

29  number to be redacted. A fee may not be charged for the

30  redaction of a social security number pursuant to such a

31  request.

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 1         d.  Until January 1, 2008, if a social security number,

 2  made confidential and exempt pursuant to this paragraph, or a

 3  complete bank account, debit, charge, or credit card number

 4  made exempt pursuant to paragraph (b) is or has been included

 5  in a court file, such number may be included as part of the

 6  court record available for public inspection and copying

 7  unless redaction is requested by the holder of such number, or

 8  by the holder's attorney or legal guardian, in a signed,

 9  legibly written request specifying the case name, case number,

10  document heading, and page number. The request must be

11  delivered by mail, facsimile, electronic transmission, or in

12  person to the clerk of the circuit court. The clerk of the

13  circuit court does not have a duty to inquire beyond the

14  written request to verify the identity of a person requesting

15  redaction. A fee may not be charged for the redaction of a

16  social security number or a bank account, debit, charge, or

17  credit card number pursuant to such request. The clerk of the

18  circuit court has no liability for the inadvertent release of

19  confidential and exempt social security numbers or exempt bank

20  account, debit, charge, or credit card numbers, unknown to the

21  clerk of the circuit court in court records filed with the

22  clerk of the circuit court on or before January 1, 2008.

23         e.  Any person who prepares or files a document to be

24  recorded in the official records by the county recorder as

25  provided in chapter 28 may not include a person's social

26  security number or complete bank account, debit, charge, or

27  credit card number in that document unless otherwise expressly

28  required by law. Until January 1, 2008, if a social security

29  number or a complete bank account, debit, charge, or credit

30  card number is or has been included in a document presented to

31  the county recorder for recording in the official records of

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 1  the county, such number may be made available as part of the

 2  official record available for public inspection and copying.

 3  Any person, or his or her attorney or legal guardian, may

 4  request that a county recorder remove from an image or copy of

 5  an official record placed on a county recorder's publicly

 6  available Internet website, or a publicly available Internet

 7  website used by a county recorder to display public records

 8  outside the office or otherwise made electronically available

 9  outside the county recorder's office to the general public,

10  his or her social security number or complete account, debit,

11  charge, or credit card number contained in that official

12  record. Such request must be legibly written, signed by the

13  requester, and delivered by mail, facsimile, electronic

14  transmission, or in person to the county recorder. The request

15  must specify the identification page number of the document

16  that contains the number to be redacted. The county recorder

17  does not have a duty to inquire beyond the written request to

18  verify the identity of a person requesting redaction. A fee

19  may not be charged for redacting such numbers. If the county

20  recorder accepts or stores official records in an electronic

21  format, the county recorder must use his or her best efforts

22  to redact all social security numbers and complete bank

23  account, debit, charge, or credit card numbers from electronic

24  copies of the official record. The use of an automated program

25  for redaction shall be deemed the best effort and complies

26  with the requirements of this sub-subparagraph. The county

27  recorder is not liable for the inadvertent release of

28  confidential and exempt social security numbers, or exempt

29  bank account, debit, charge, or credit card numbers, filed

30  with the county recorder on or before January 1, 2008.

31  

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 1         f.  Subparagraphs 5. and 6. do not apply to the clerks

 2  of the court or the county recorder with respect to circuit

 3  court records and official records.

 4         g.  On January 1, 2008, and thereafter, the clerk of

 5  the circuit court and the county recorder must keep complete

 6  bank account, debit, charge, and credit card numbers exempt as

 7  provided for in paragraph (b), and must keep social security

 8  numbers confidential and exempt as provided for in

 9  subparagraph 3., without any person having to request

10  redaction.

11         9.a.8.  Beginning January 31, 2004, and each January 31

12  thereafter, Every agency shall must file a report with the

13  Executive Office of the Governor Secretary of State, the

14  President of the Senate, and the Speaker of the House of

15  Representatives by January 31 of each year.

16         b.  The report required under sub-subparagraph a. shall

17  list:

18         (I)  listing The identity of all commercial entities

19  that have requested social security numbers during the

20  preceding calendar year; and

21         (II)  The specific purpose or purposes stated by each

22  commercial entity regarding its need for social security

23  numbers.

24         c.  If no disclosure requests were made, the agency

25  shall so indicate.

26         10.9.  Any affected person may petition the circuit

27  court for an order directing compliance with this paragraph.

28         11.10.  This paragraph does not supersede any other

29  applicable public records exemptions existing prior to May 13,

30  2002, or created thereafter.

31  

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 1         11.  This paragraph is subject to the Open Government

 2  Sunset Review Act in accordance with s. 119.15 and shall stand

 3  repealed October 2, 2007, unless reviewed and saved from

 4  repeal through reenactment by the Legislature.

 5         (b)  Bank account numbers and debit, charge, and credit

 6  card numbers held by an agency are exempt from s. 119.07(1)

 7  and s. 24(a), Art. I of the State Constitution. This exemption

 8  applies to bank account numbers and debit, charge, and credit

 9  card numbers held by an agency before, on, or after the

10  effective date of this exemption. This paragraph is subject to

11  the Open Government Sunset Review Act in accordance with s.

12  119.15 and shall stand repealed on October 2, 2007, unless

13  reviewed and saved from repeal through reenactment by the

14  Legislature.

15         Section 2.  Section 119.0714, Florida Statutes, is

16  created, and subsection (6) of section 119.07, Florida

17  Statutes, is renumbered as subsection (1) of that section and

18  amended, to read:

19         119.0714  Court files; court records; official

20  records.--

21         (1)(6)  COURT FILES.--Nothing in this chapter shall be

22  construed to exempt from s. 119.07(1) subsection (1) a public

23  record that was made a part of a court file and that is not

24  specifically closed by order of court, except:

25         (a)  A public record that was prepared by an agency

26  attorney or prepared at the attorney's express direction as

27  provided in s. 119.071(1)(d).

28         (b)  Data processing software as provided in s.

29  119.071(1)(f).

30         (c)  Any information revealing surveillance techniques

31  or procedures or personnel as provided in s. 119.071(2)(d).

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 1         (d)  Any comprehensive inventory of state and local law

 2  enforcement resources, and any comprehensive policies or plans

 3  compiled by a criminal justice agency, as provided in s.

 4  119.071(2)(d).

 5         (e)  Any information revealing the substance of a

 6  confession of a person arrested as provided in s.

 7  119.071(2)(e).

 8         (f)  Any information revealing the identity of a

 9  confidential informant or confidential source as provided in

10  s. 119.071(2)(f).

11         (g)  Any information revealing undercover personnel of

12  any criminal justice agency as provided in s. 119.071(4)(c).

13         (h)  and (f), (2)(d),(e), and (f), and (4)(c) and

14  except Information or records that may reveal the identity of

15  a person who is a victim of a sexual offense as provided in s.

16  119.071(2)(h).

17         (i)  Social security numbers as provided in s.

18  119.071(5)(a).

19         (j)  Bank account numbers and debit, charge, and credit

20  card numbers as provided in s. 119.071(5)(b).

21         (2)  COURT RECORDS.--

22         (a)  Until January 1, 2011, if a social security number

23  or a bank account, debit, charge, or credit card number is

24  included in a court file, such number may be included as part

25  of the court record available for public inspection and

26  copying unless redaction is requested by the holder of such

27  number or by the holder's attorney or legal guardian.

28         (b)  A request for redaction must be a signed, legibly

29  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

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 1  person to the clerk of the court. The clerk of the court does

 2  not have a duty to inquire beyond the written request to

 3  verify the identity of a person requesting redaction.

 4         (c)  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         (d)  The clerk of the court has no liability for the

 8  inadvertent release of social security numbers, or bank

 9  account, debit, charge, or credit card numbers, unknown to the

10  clerk of the court in court records filed on or before January

11  1, 2011.

12         (e)1.  On January 1, 2011, and thereafter, the clerk of

13  the court must keep social security numbers confidential and

14  exempt as provided for in s. 119.071(5)(a), and bank account,

15  debit, charge, and credit card numbers exempt as provided for

16  in s. 119.071(5)(b), without any person having to request

17  redaction.

18         2.  Section 119.071(5)(a)7. and 8. does not apply to

19  the clerks of the court with respect to court records.

20         (3)  OFFICIAL RECORDS.--

21         (a)  Any person who prepares or files a record for

22  recording in the official records as provided in chapter 28

23  may not include in that record a social security number or a

24  bank account, debit, charge, or credit card number unless

25  otherwise expressly required by law.

26         (b)1.  If a social security number or a bank account,

27  debit, charge, or credit card number is included in an

28  official record, such number may be made available as part of

29  the official records available for public inspection and

30  copying unless redaction is requested by the holder of such

31  number or by the holder's attorney or legal guardian.

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 1         2.  If such record is in electronic format, on January

 2  1, 2011, and thereafter, the county recorder must use his or

 3  her best effort, as provided in paragraph (h), to keep social

 4  security numbers confidential and exempt as provided for in s.

 5  119.071(5)(a), and to keep complete bank account, debit,

 6  charge, and credit card numbers exempt as provided for in s.

 7  119.071(5)(b), without any person having to request redaction.

 8         3.  Section 119.071(5)(a)7. and 8. does not apply to

 9  the county recorder with respect to official records.

10         (c)  The holder of a social security number or a bank

11  account, debit, charge, or credit card number, or the holder's

12  attorney or legal guardian, may request that a county recorder

13  redact from an image or copy of an official record placed on a

14  county recorder's publicly available Internet website or on a

15  publicly available Internet website used by a county recorder

16  to display public records, or otherwise made electronically

17  available to the public, his or her social security number or

18  bank account, debit, charge, or credit card number contained

19  in that official record.

20         (d)  A request for redaction must be a signed, legibly

21  written request and must be delivered by mail, facsimile,

22  electronic transmission, or in person to the county recorder.

23  The request must specify the identification page number of the

24  record that contains the number to be redacted.

25         (e)  The county recorder does not have a duty to

26  inquire beyond the written request to verify the identity of a

27  person requesting redaction.

28         (f)  A fee may not be charged for redacting a social

29  security number or a bank account, debit, charge, or credit

30  card number.

31  

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 1         (g)  A county recorder shall immediately and

 2  conspicuously post signs throughout his or her offices for

 3  public viewing, and shall immediately and conspicuously post

 4  on any Internet website or remote electronic site made

 5  available by the county recorder and used for the ordering or

 6  display of official records or images or copies of official

 7  records, a notice stating, in substantially similar form, the

 8  following:

 9         1.  On or after October 1, 2002, any person preparing

10  or filing a record for recordation in the official records may

11  not include a social security number or a bank account, debit,

12  charge, or credit card number in such document unless required

13  by law.

14         2.  Any person has a right to request a county recorder

15  to remove from an image or copy of an official record placed

16  on a county recorder's publicly available Internet website or

17  on a publicly available Internet website used by a county

18  recorder to display public records, or otherwise made

19  electronically available to the general public, any social

20  security number contained in an official record. Such request

21  must be made in writing and delivered by mail, facsimile, or

22  electronic transmission, or delivered in person, to the county

23  recorder. The request must specify the identification page

24  number that contains the social security number to be

25  redacted. A fee may not be charged for the redaction of a

26  social security number pursuant to such a request.

27         (h)  If the county recorder accepts or stores official

28  records in an electronic format, the county recorder must use

29  his or her best efforts to redact all social security numbers

30  and bank account, debit, charge, or credit card numbers from

31  electronic copies of the official record. The use of an

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    Florida Senate - 2007                           CS for SB 1468
    585-2675-07




 1  automated program for redaction shall be deemed to be the best

 2  effort in performing the redaction and shall be deemed in

 3  compliance with the requirements of this subsection.

 4         (i)  The county recorder is not liable for the

 5  inadvertent release of social security numbers, or bank

 6  account, debit, charge, or credit card numbers, filed with the

 7  county recorder.

 8         Section 3.  Subsection (6) of section 215.322, Florida

 9  Statutes, is amended, and subsections (7) and (8) of that

10  section are renumbered as subsections (6) and (7),

11  respectively, to read:

12         215.322  Acceptance of credit cards, charge cards, or

13  debit cards by state agencies, units of local government, and

14  the judicial branch.--

15         (6)  Credit card account numbers in the possession of a

16  state agency, a unit of local government, or the judicial

17  branch are confidential and exempt from the provisions of s.

18  119.07(1).

19         Section 4.  Subsections (7), (8), and (9) of section

20  119.07, Florida Statutes, are renumbered as subsections (6),

21  (7), and (8), respectively.

22         Section 5.  This act shall take effect October 1, 2007.

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    Florida Senate - 2007                           CS for SB 1468
    585-2675-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1468

 3                                 

 4  Repeals a redundant exemption for credit card numbers
    contained in s. 215.322, F.S.
 5  
    Reorganizes and standardizes the social security number
 6  exemption to provide more clarity regarding applicable
    standards.
 7  
    Defines "commercial entity" and "commercial activity."
 8  
    Transfers portions related to court files and official records
 9  to a new section of law.

10  Extends to 2011 the date for automatic redaction in court
    files and official records.
11  
    Requires agencies to report to the Legislature regarding their
12  compliance with the section.

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