Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 630
                        Barcode 825258
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/24/2007 04:45 PM         .                    
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11  The Committee on Governmental Operations (Argenziano)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 364.107, Florida Statutes, is
19  created to read:
20         364.107  Public-records exemption; Lifeline Assistance
21  Plan participants.
22         (1)  Personal identifying information concerning a
23  participant in a telecommunications carrier's Lifeline
24  Assistance Plan under s. 364.10 held by the Public Service
25  Commission is confidential and exempt from s. 119.07(1) and s.
26  24(a), Art. I of the State Constitution.
27         (2)  Information made confidential and exempt under
28  subsection (1) may be released to the applicable
29  telecommunications carrier for purposes directly connected
30  with eligibility for, verification related to, or auditing of
31  a Lifeline Assistance Plan.
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    3:32 PM   04/18/07                             s0630d-go03-r8g

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 630 Barcode 825258 1 (3)(a) An officer or employee of a telecommunications 2 carrier may not intentionally disclose information made 3 confidential and exempt under subsection (1), except as: 4 1. Authorized by the customer; 5 2. Necessary for billing purposes; 6 3. Required by subpoena, court order, or other process 7 of court; or 8 4. Otherwise authorized by law. 9 (b) This section does not preclude a 10 telecommunications carrier from disclosing information made 11 confidential and exempt under subsection (1) to the extent 12 that such information is otherwise publicly available or from 13 disclosing to a customer his or her own account record through 14 telephonic means. 15 (c) Any officer or employee of a telecommunications 16 carrier who intentionally discloses information in violation 17 of paragraph (a) commits a misdemeanor of the second degree, 18 punishable as provided in s. 775.082 or s. 775.083. 19 (4) This section is subject to the Open Government 20 Sunset Review Act in accordance with s. 119.15 and shall stand 21 repealed on October 2, 2012, unless reviewed and saved from 22 repeal through reenactment by the Legislature. 23 Section 2. The Legislature finds that it is a public 24 necessity that personal identifying information concerning a 25 participant in a telecommunications carrier's Lifeline 26 Assistance Plan under section 364.10, Florida Statutes, held 27 by the Public Service Commission be made confidential and 28 exempt from section 119.07(1), Florida Statutes, and Article 29 I, section 24(a), of the State Constitution. The Lifeline 30 Assistance Plan provides assistance to qualified low-income 31 households by providing a credit on their local telephone 2 3:32 PM 04/18/07 s0630d-go03-r8g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 630 Barcode 825258 1 bill. Allowing qualified low-income households to receive this 2 credit permits them to maintain local telephone service. 3 Participation in Lifeline Assistance Plans has remained at 4 approximately 12 percent of eligible Florida households 5 despite extensive efforts to make eligible residents aware of 6 the plan. Protecting the personal identifying information of 7 participants in a Lifeline Assistance Plan encourages 8 qualified residents to apply for the credit offered under the 9 plan. The Public Service Commission must be able to maintain 10 the confidentiality of that information because disclosure 11 could create a chilling effect on participation. Further, 12 participants might choose not to avail themselves of the plan 13 because the information submitted would identify them as 14 qualified recipients of low-income program benefits. Finally, 15 the exemption promotes the effective and efficient 16 administration of a government program. 17 Section 3. This act shall take effect upon becoming a 18 law. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 Delete everything before the enacting clause 24 25 and insert: 26 A bill to be entitled 27 An act relating to a public-records exemption 28 for Lifeline Assistance Plan participants; 29 creating s. 364.107, F.S.; creating an 30 exemption from public-records requirements for 31 personal identifying information concerning a 3 3:32 PM 04/18/07 s0630d-go03-r8g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 630 Barcode 825258 1 participant in a telecommunications carrier's 2 Lifeline Assistance Plan held by the Public 3 Service Commission; providing an exception; 4 providing a penalty for the intentional 5 disclosure of confidential and exempt 6 information by an officer or employee of a 7 telecommunications carrier; providing for 8 review and repeal; providing a statement of 9 public necessity; providing an effective date. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 3:32 PM 04/18/07 s0630d-go03-r8g