HB 7159

1
A bill to be entitled
2An act relating to a public records exemption for personal
3identifying information of Lifeline Assistance Plan
4participants; creating s. 364.107, F.S.; creating an
5exemption from public records requirements for personal
6identifying information of a participant in a
7telecommunications carrier's Lifeline Assistance Plan held
8by the Public Service Commission; providing an exception;
9providing a penalty for intentional disclosure of
10confidential and exempt information by an officer or
11employee of a telecommunications carrier; providing for
12review and repeal; providing a statement of public
13necessity; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 364.107, Florida Statutes, is created
18to read:
19     364.107  Public records exemption; Lifeline Assistance Plan
20participants.--
21     (1)  Personal identifying information of a participant in a
22telecommunications carrier's Lifeline Assistance Plan under s.
23364.10 held by the Public Service Commission is confidential and
24exempt from s. 119.07(1) and s. 24(a), Art. I of the State
25Constitution.
26     (2)  Information made confidential and exempt under
27subsection (1) may be released to the applicable
28telecommunications carrier for purposes directly connected with
29eligibility for, verification related to, or auditing of a
30Lifeline Assistance Plan.
31     (3)(a)  An officer or employee of a telecommunications
32carrier shall not intentionally disclose information made
33confidential 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
37court;
38     4.  Necessary to disclose to an agency as defined in s.
39119.011 or a governmental entity for purposes directly connected
40with implementing service for, or verifying eligibility of, a
41participant in a Lifeline Assistance Plan or auditing a Lifeline
42Assistance Plan; or
43     5.  Otherwise authorized by law.
44     (b)  Nothing in this section precludes a telecommunications
45carrier from disclosing information made confidential and exempt
46under subsection (1) to the extent such information is otherwise
47publicly available or from disclosing to a customer his or her
48own account record through telephonic means.
49     (c)  Any officer or employee of a telecommunications
50carrier who intentionally discloses information in violation of
51paragraph (a) commits a misdemeanor of the second degree,
52punishable as provided in s. 775.082 or s. 775.083.
53     (4)  This section is subject to the Open Government Sunset
54Review Act in accordance with s. 119.15 and shall stand repealed
55on October 2, 2012, unless reviewed and saved from repeal
56through reenactment by the Legislature.
57     Section 2.  The Legislature finds that it is a public
58necessity that personal identifying information of a participant
59in a telecommunications carrier's Lifeline Assistance Plan under
60s. 364.10, Florida Statutes, held by the Public Service
61Commission be made confidential and exempt from s. 119.07(1),
62Florida Statutes, and s. 24(a), Art. I of the State
63Constitution. The Lifeline Assistance Plan provides assistance
64to qualified low-income households by providing a credit on
65their local telephone bill. Allowing qualified low-income
66households to receive this credit permits them to maintain local
67telephone service. Participation in Lifeline Assistance Plans
68has remained at approximately 12 percent of eligible Florida
69households despite extensive efforts to make eligible citizens
70aware of the plan. Protecting the personal identifying
71information of participants in a Lifeline Assistance Plan will
72encourage qualified citizens to apply for the credit offered
73under the plan. The Public Service Commission must be able to
74maintain the confidentiality of that information because
75disclosure could create a chilling effect on participation.
76There is a strong likelihood that participants might choose not
77to avail themselves of the plan because the information
78submitted would identify them as qualified recipients of low-
79income program benefits. Finally, without the exemption, the
80effective and efficient administration of a government program
81would be hindered.
82     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.