Senate Bill sb0630c1

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    Florida Senate - 2007                            CS for SB 630

    By the Committee on Governmental Operations; and Senator
    Lawson




    585-2678-07

  1                      A bill to be entitled

  2         An act relating to a public-records exemption

  3         for Lifeline Assistance Plan participants;

  4         creating s. 364.107, F.S.; creating an

  5         exemption from public-records requirements for

  6         personal identifying information concerning a

  7         participant in a telecommunications carrier's

  8         Lifeline Assistance Plan held by the Public

  9         Service Commission; providing an exception;

10         providing a penalty for the intentional

11         disclosure of confidential and exempt

12         information by an officer or employee of a

13         telecommunications carrier; providing for

14         review and repeal; providing a statement of

15         public necessity; providing an effective date.

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

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19         Section 1.  Section 364.107, Florida Statutes, is

20  created to read:

21         364.107  Public-records exemption; Lifeline Assistance

22  Plan participants.

23         (1)  Personal identifying information concerning a

24  participant in a telecommunications carrier's Lifeline

25  Assistance Plan under s. 364.10 held by the Public Service

26  Commission is confidential and exempt from s. 119.07(1) and s.

27  24(a), Art. I of the State Constitution.

28         (2)  Information made confidential and exempt under

29  subsection (1) may be released to the applicable

30  telecommunications carrier for purposes directly connected

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    Florida Senate - 2007                            CS for SB 630
    585-2678-07




 1  with eligibility for, verification related to, or auditing of

 2  a Lifeline Assistance Plan.

 3         (3)(a)  An officer or employee of a telecommunications

 4  carrier may not intentionally disclose information made

 5  confidential and exempt under subsection (1), except as:

 6         1.  Authorized by the customer;

 7         2.  Necessary for billing purposes;

 8         3.  Required by subpoena, court order, or other process

 9  of court;

10         4.  Necessary to disclose to an agency as defined in s.

11  119.011 or a governmental entity for purposes directly

12  connected with implementing service for, or verifying

13  eligibility of, a participant in a Lifeline Assistance Plan or

14  auditing a Lifeline Assistance Plan; or

15         5.  Otherwise authorized by law.

16         (b)  This section does not preclude a

17  telecommunications carrier from disclosing information made

18  confidential and exempt under subsection (1) to the extent

19  that such information is otherwise publicly available or from

20  disclosing to a customer his or her own account record through

21  telephonic means.

22         (c)  Any officer or employee of a telecommunications

23  carrier who intentionally discloses information in violation

24  of paragraph (a) commits a misdemeanor of the second degree,

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

26         (4)  This section is subject to the Open Government

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

28  repealed on October 2, 2012, unless reviewed and saved from

29  repeal through reenactment by the Legislature.

30         Section 2.  The Legislature finds that it is a public

31  necessity that personal identifying information concerning a

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    Florida Senate - 2007                            CS for SB 630
    585-2678-07




 1  participant in a telecommunications carrier's Lifeline

 2  Assistance Plan under section 364.10, Florida Statutes, held

 3  by the Public Service Commission be made confidential and

 4  exempt from section 119.07(1), Florida Statutes, and Article

 5  I, section 24(a), of the State Constitution. The Lifeline

 6  Assistance Plan provides assistance to qualified low-income

 7  households by providing a credit on their local telephone

 8  bill. Allowing qualified low-income households to receive this

 9  credit permits them to maintain local telephone service.

10  Participation in Lifeline Assistance Plans has remained at

11  approximately 12 percent of eligible Florida households

12  despite extensive efforts to make eligible residents aware of

13  the plan. Protecting the personal identifying information of

14  participants in a Lifeline Assistance Plan encourages

15  qualified residents to apply for the credit offered under the

16  plan. The Public Service Commission must be able to maintain

17  the confidentiality of that information because disclosure

18  could create a chilling effect on participation. Further,

19  participants might choose not to avail themselves of the plan

20  because the information submitted would identify them as

21  qualified recipients of low-income program benefits. Finally,

22  the exemption promotes the effective and efficient

23  administration of a government program.

24         Section 3.  This act shall take effect upon becoming a

25  law.

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    Florida Senate - 2007                            CS for SB 630
    585-2678-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 630

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 4  Makes confidential and exempt personal identifying information
    concerning a participant in a telecommunications carrier's
 5  Lifeline Assistance Plan under s. 364.10, F.S., held by the
    Public Service Commission.
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    Provides exceptions.
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    Makes exemption subject to Open Government Sunset Review Act.
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