Senate Bill sb1848er
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2007 Legislature CS for SB 1848
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2 An act relating to a review under the Open
3 Government Sunset Review Act; amending s.
4 717.117, F.S.; revising the public-records
5 exemption for information held by the
6 Department of Financial Services concerning
7 unclaimed property; defining the term "property
8 identifiers"; providing an exemption from
9 public-records requirements for property
10 identifiers held by the department in reports
11 concerning unclaimed property; authorizing the
12 release of certain information to persons
13 registered with the department for the purpose
14 of locating owners of abandoned or unclaimed
15 property; providing for future legislative
16 review and repeal of the exemption under the
17 Open Government Sunset Review Act; providing a
18 statement of public necessity; providing an
19 effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsection (8) of section 717.117, Florida
24 Statutes, is amended to read:
25 717.117 Report of unclaimed property.--
26 (8)(a) As used in this subsection, the term "property
27 identifier" means the descriptor used by the holder to
28 identify the unclaimed property.
29 (b) Social security numbers and property identifiers
30 financial account numbers contained in reports required under
31 this section, held by the department, are confidential and
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2007 Legislature CS for SB 1848
1 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2 Constitution. Notwithstanding this exemption,
3 (c) Social security numbers shall be released, for the
4 limited purpose of locating owners of abandoned or unclaimed
5 property, to a person registered with the department under
6 this chapter who is an attorney, Florida-certified public
7 accountant, private investigator who is duly licensed in this
8 state, or a private investigative agency licensed under
9 chapter 493 and registered with the department under this
10 chapter.
11 (d) This exemption applies to social security numbers
12 and property identifiers financial account numbers held by the
13 department before, on, or after the effective date of this
14 exemption.
15 (e) This subsection is subject to the Open Government
16 Sunset Review Act of 1995 in accordance with s. 119.15, and
17 shall stand repealed October 2, 2012 2007, unless reviewed and
18 saved from repeal through reenactment by the Legislature.
19 Section 2. The Legislature finds that it is a public
20 necessity that property identifiers contained in reports of
21 unclaimed property be made confidential and exempt from
22 public-records requirements. Property identifiers, which are
23 descriptors used by a holder to identify unclaimed property,
24 could be used to obtain fraudulently unclaimed funds or
25 property. Protection of property identifiers is a public
26 necessity in order to prevent the fraudulent use of such
27 information for purposes of creating falsified or forged
28 documents that appear to demonstrate entitlement to unclaimed
29 property. Such use defrauds the rightful property owner or the
30 State School Fund. Furthermore, the release of property
31 identifiers contained in reports of unclaimed property hinders
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2007 Legislature CS for SB 1848
1 the effective and efficient administration of the unclaimed
2 property program.
3 Section 3. This act shall take effect October 1, 2007.
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