| 1 | A bill to be entitled |
| 2 | An act relating to a public records exemption for personal |
| 3 | identifying information of Lifeline Assistance Plan |
| 4 | participants; creating s. 364.107, F.S.; creating an |
| 5 | exemption from public records requirements for personal |
| 6 | identifying information of a participant in a |
| 7 | telecommunications carrier's Lifeline Assistance Plan held |
| 8 | by the Public Service Commission; providing an exception; |
| 9 | providing a penalty for intentional disclosure of |
| 10 | confidential and exempt information by an officer or |
| 11 | employee of a telecommunications carrier; providing for |
| 12 | review and repeal; providing a statement of public |
| 13 | necessity; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 364.107, Florida Statutes, is created |
| 18 | to read: |
| 19 | 364.107 Public records exemption; Lifeline Assistance Plan |
| 20 | participants.-- |
| 21 | (1) Personal identifying information of a participant in a |
| 22 | telecommunications carrier's Lifeline Assistance Plan under s. |
| 23 | 364.10 held by the Public Service Commission is confidential and |
| 24 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 25 | Constitution. |
| 26 | (2) Information made confidential and exempt under |
| 27 | subsection (1) may be released to the applicable |
| 28 | telecommunications carrier for purposes directly connected with |
| 29 | eligibility for, verification related to, or auditing of a |
| 30 | Lifeline Assistance Plan. |
| 31 | (3)(a) An officer or employee of a telecommunications |
| 32 | carrier shall not intentionally disclose information made |
| 33 | confidential and exempt under subsection (1), except as: |
| 34 | 1. Authorized by the customer; |
| 35 | 2. Necessary for billing purposes; |
| 36 | 3. Required by subpoena, court order, or other process of |
| 37 | court; or |
| 38 | 4. Otherwise authorized by law. |
| 39 | (b) Nothing in this section precludes a telecommunications |
| 40 | carrier from disclosing information made confidential and exempt |
| 41 | under subsection (1) to the extent such information is otherwise |
| 42 | publicly available or from disclosing to a customer his or her |
| 43 | own account record through telephonic means. |
| 44 | (c) Any officer or employee of a telecommunications |
| 45 | carrier who intentionally discloses information in violation of |
| 46 | paragraph (a) commits a misdemeanor of the second degree, |
| 47 | punishable as provided in s. 775.082 or s. 775.083. |
| 48 | (4) This section is subject to the Open Government Sunset |
| 49 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 50 | on October 2, 2012, unless reviewed and saved from repeal |
| 51 | through reenactment by the Legislature. |
| 52 | Section 2. The Legislature finds that it is a public |
| 53 | necessity that personal identifying information of a participant |
| 54 | in a telecommunications carrier's Lifeline Assistance Plan under |
| 55 | s. 364.10, Florida Statutes, held by the Public Service |
| 56 | Commission be made confidential and exempt from s. 119.07(1), |
| 57 | Florida Statutes, and s. 24(a), Art. I of the State |
| 58 | Constitution. The Lifeline Assistance Plan provides assistance |
| 59 | to qualified low-income households by providing a credit on |
| 60 | their local telephone bill. Allowing qualified low-income |
| 61 | households to receive this credit permits them to maintain local |
| 62 | telephone service. Participation in Lifeline Assistance Plans |
| 63 | has remained at approximately 12 percent of eligible Florida |
| 64 | households despite extensive efforts to make eligible citizens |
| 65 | aware of the plan. Protecting the personal identifying |
| 66 | information of participants in a Lifeline Assistance Plan will |
| 67 | encourage qualified citizens to apply for the credit offered |
| 68 | under the plan. The Public Service Commission must be able to |
| 69 | maintain the confidentiality of that information because |
| 70 | disclosure could create a chilling effect on participation. |
| 71 | There is a strong likelihood that participants might choose not |
| 72 | to avail themselves of the plan because the information |
| 73 | submitted would identify them as qualified recipients of low- |
| 74 | income program benefits. Finally, without the exemption, the |
| 75 | effective and efficient administration of a government program |
| 76 | would be hindered. |
| 77 | Section 3. This act shall take effect upon becoming a law. |