Senate Bill sb7028pb

    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7028

    FOR CONSIDERATION By the Committee on Governmental Operations





    585-496-07

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         119.071, F.S., relating to exemptions from

  5         public-records requirements which are provided

  6         for social security numbers and financial

  7         account numbers; deleting certain obsolete

  8         provisions; saving the exemptions from repeal

  9         under the Open Government Sunset Review Act;

10         deleting provisions that provide for the repeal

11         of the exemptions; providing an effective date.

12  

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

14  

15         Section 1.  Paragraphs (a) and (b) of subsection (5) of

16  section 119.071, Florida Statutes, are amended to read:

17         119.071  General exemptions from inspection or copying

18  of public records.--

19         (5)  OTHER PERSONAL INFORMATION.--

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

21  security number was never intended to be used for business

22  purposes but was intended to be used solely for the

23  administration of the federal Social Security System. The

24  Legislature is further aware that over time this unique

25  numeric identifier has been used extensively for identity

26  verification purposes and other legitimate consensual

27  purposes. The Legislature is also cognizant of the fact that

28  the social security number can be used as a tool to perpetuate

29  fraud against a person and to acquire sensitive personal,

30  financial, medical, and familial information, the release of

31  which could cause great financial or personal harm to an

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7028
    585-496-07




 1  individual. The Legislature intends to monitor the commercial

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

 3  to maintain a balanced public policy.

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

 5  security number unless authorized by law to do so or unless

 6  the collection of the social security number is otherwise

 7  imperative for the performance of that agency's duties and

 8  responsibilities as prescribed by law. Social security numbers

 9  collected by an agency must be relevant to the purpose for

10  which collected and may not be collected until and unless the

11  need for social security numbers has been clearly documented.

12  An agency that collects social security numbers shall also

13  segregate that number on a separate page from the rest of the

14  record, or as otherwise appropriate, in order that the social

15  security number be more easily redacted, if required, pursuant

16  to a public records request. An agency collecting a person's

17  social security number shall, upon that person's request, at

18  the time of or prior to the actual collection of the social

19  security number by that agency, provide that person with a

20  statement of the purpose or purposes for which the social

21  security number is being collected and used. Social security

22  numbers collected by an agency may not be used by that agency

23  for any purpose other than the purpose stated. Social security

24  numbers collected by an agency before May 13, 2002, shall be

25  reviewed for compliance with this subparagraph. If the

26  collection of a social security number before May 13, 2002, is

27  found to be unwarranted, the agency shall immediately

28  discontinue the collection of social security numbers for that

29  purpose.

30         3.  Effective October 1, 2002, all social security

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

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7028
    585-496-07




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

 2  exemption applies to all social security numbers held by an

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

 4  exemption.

 5         4.  Social security numbers may be disclosed to another

 6  governmental entity or its agents, employees, or contractors

 7  if disclosure is necessary for the receiving entity to perform

 8  its duties and responsibilities. The receiving governmental

 9  entity and its agents, employees, and contractors shall

10  maintain the confidential and exempt status of the numbers.

11         5.  An agency may not deny a commercial entity engaged

12  in the performance of a commercial activity, which, for

13  purposes of this paragraph, means an activity that provides a

14  product or service that is available from a private source, or

15  its agents, employees, or contractors access to social

16  security numbers, provided the social security numbers will be

17  used only in the normal course of business for legitimate

18  business purposes, and provided the commercial entity makes a

19  written request for social security numbers, verified as

20  provided in s. 92.525, legibly signed by an authorized

21  officer, employee, or agent of the commercial entity. The

22  verified written request must contain the commercial entity's

23  name, business mailing and location addresses, business

24  telephone number, and a statement of the specific purposes for

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

26  security numbers will be used in the normal course of business

27  for legitimate business purposes. The aggregate of these

28  requests shall serve as the basis for the agency report

29  required in subparagraph 8. An agency may request any other

30  information reasonably necessary to verify the identity of the

31  entity requesting the social security numbers and the specific

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7028
    585-496-07




 1  purposes for which the numbers will be used; however, an

 2  agency has no duty to inquire beyond the information contained

 3  in the verified written request. A legitimate business purpose

 4  includes verification of the accuracy of personal information

 5  received by a commercial entity in the normal course of its

 6  business; use in a civil, criminal, or administrative

 7  proceeding; use for insurance purposes; use in law enforcement

 8  and investigation of crimes; use in identifying and preventing

 9  fraud; use in matching, verifying, or retrieving information;

10  and use in research activities. A legitimate business purpose

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

12  numbers to the general public or the distribution of such

13  numbers to any customer that is not identifiable by the

14  distributor.

15         6.  Any person who makes a false representation in

16  order to obtain a social security number pursuant to this

17  paragraph, or any person who willfully and knowingly violates

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

19  punishable as provided in s. 775.082 or s. 775.083. Any public

20  officer who violates this paragraph is guilty of a noncriminal

21  infraction, punishable by a fine not exceeding $500. A

22  commercial entity that provides access to public records

23  containing social security numbers in accordance with this

24  paragraph is not subject to the penalty provisions of this

25  subparagraph.

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

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

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

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

30  unless otherwise expressly required by law. If a social

31  security number is or has been included in a document

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7028
    585-496-07




 1  presented to the county recorder for recording in the official

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

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

 4  for public inspection and copying.

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

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

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

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

 9  publicly available Internet website used by a county recorder

10  to display public records or otherwise made electronically

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

12  social security number contained in that official record. The

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

14  requester and delivered by mail, facsimile, or electronic

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

16  The request must specify the identification page number that

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

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

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

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

21  number pursuant to such request.

22         c.  A county recorder shall immediately and

23  conspicuously post signs throughout his or her offices for

24  public viewing and shall immediately and conspicuously post,

25  on any Internet website or remote electronic site made

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

27  display of official records or images or copies of official

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

29  following:

30         (I)  On or after October 1, 2002, any person preparing

31  or filing a document for recordation in the official records

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7028
    585-496-07




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

 2  unless required by law.

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

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

 5  record placed on a county recorder's publicly available

 6  Internet website or on a publicly available Internet website

 7  used by a county recorder to display public records or

 8  otherwise made electronically available to the general public,

 9  any social security number contained in an official record.

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

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

12  to the county recorder. The request must specify the

13  identification page number that contains the social security

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

15  redaction of a social security number pursuant to such a

16  request.

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

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

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

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

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

22  court record available for public inspection and copying

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

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

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

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

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

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

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

30  written request to verify the identity of a person requesting

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

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7028
    585-496-07




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

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

 3  circuit court has no liability for the inadvertent release of

 4  confidential and exempt social security numbers or exempt bank

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

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

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

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

 9  recorded in the official records by the county recorder as

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

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

12  credit card number in that document unless otherwise expressly

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

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

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

16  the county recorder for recording in the official records of

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

18  official record available for public inspection and copying.

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

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

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

22  available Internet website, or a publicly available Internet

23  website used by a county recorder to display public records

24  outside the office or otherwise made electronically available

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

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

27  charge, or credit card number contained in that official

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

29  requester, and delivered by mail, facsimile, electronic

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

31  must specify the identification page number of the document

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7028
    585-496-07




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

 2  does not have a 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 redacting such numbers. If the county

 5  recorder accepts or stores official records in an electronic

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

 7  to redact all social security numbers and complete bank

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

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

10  for redaction shall be deemed the best effort and complies

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

12  recorder is not liable for the inadvertent release of

13  confidential and exempt social security numbers, or exempt

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

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

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

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

18  court records and official records.

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

20  the circuit court and the county recorder must keep complete

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

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

23  numbers confidential and exempt as provided for in

24  subparagraph 3., without any person having to request

25  redaction.

26         8.  Beginning January 31, 2004, and each January 31

27  thereafter, every agency must file a report with the Secretary

28  of State, the President of the Senate, and the Speaker of the

29  House of Representatives listing the identity of all

30  commercial entities that have requested social security

31  numbers during the preceding calendar year and the specific

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7028
    585-496-07




 1  purpose or purposes stated by each commercial entity regarding

 2  its need for social security numbers. If no disclosure

 3  requests were made, the agency shall so indicate.

 4         9.  Any affected person may petition the circuit court

 5  for an order directing compliance with this paragraph.

 6         10.  This paragraph does not supersede any other

 7  applicable public records exemptions existing prior to May 13,

 8  2002, or created thereafter. 

 9         11.  This paragraph is subject to the Open Government

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

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

12  repeal through reenactment by the Legislature.

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

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

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

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

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

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

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

20  119.15 and shall stand repealed on October 2, 2007, unless

21  reviewed and saved from repeal through reenactment by the

22  Legislature.

23         Section 2.  This act shall take effect October 1, 2007.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Removes the repeal of exemptions from the public-records
      law which are provided for social security numbers and
28    financial account numbers, which repeal is scheduled to
      occur on October 2, 2007, under the Open Government
29    Sunset Review Act.

30  

31  

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