HB 7197

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding social security numbers and
4	financial account numbers; amending s. 119.071, F.S.,
5	which provides a general exemption from inspection or
6	copying of public records for social security numbers and
7	bank account, debit, charge, and credit card numbers;
8	reorganizing the exemption for social security numbers;
9	providing definitions; revising reporting requirements;
10	clarifying penalty provisions; making editorial changes;
11	removing the scheduled repeal of the exemption under the
12	Open Government Sunset Review Act; creating s. 119.0714,
13	F.S., and renumbering and amending s. 119.07(6), F.S.;
14	consolidating and revising current public records
15	exemptions applicable to court files, court records, and
16	official records; revising the date on which automatic
17	redaction of social security numbers and financial account
18	numbers by court clerks is required; amending s. 215.322,
19	F.S.; eliminating a public records exemption for credit
20	card account numbers in the possession of a state agency,
21	a unit of local government, or the judicial branch;
22	amending s. 119.07, F.S., to conform; providing an
23	effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Paragraph (a) of subsection (4) and paragraphs
28	(a) and (b) of subsection (5) of section 119.071, Florida
29	Statutes, are amended to read:
30	119.071  General exemptions from inspection or copying of
31	public records.--
32	(4)
33	(a)1.  The social security numbers of all current and
34	former agency employees which numbers are contained in agency
35	employment records are exempt from s. 119.07(1) and s. 24(a),
36	Art. I of the State Constitution.
37	2.  An agency that is the custodian of a social security
38	number specified in subparagraph 1. and that is not the
39	employing agency shall maintain the exempt status of the social
40	security number only if the employee or the employing agency of
41	the employee submits a written request for confidentiality to
42	the custodial agency. However, upon a request by a commercial
43	entity as provided in subparagraph (5)(a)7.b. (5)(a)5., the
44	custodial agency shall release the last four digits of the
45	exempt social security number, except that a social security
46	number provided in a lien filed with the Department of State
47	shall be released in its entirety. This subparagraph is subject
48	to the Open Government Sunset Review Act in accordance with s.
49	119.15 and shall stand repealed on October 2, 2009, unless
50	reviewed and saved from repeal through reenactment by the
51	Legislature.
52	(5)  OTHER PERSONAL INFORMATION.--
53	(a)1.a.  The Legislature acknowledges that the social
54	security number was never intended to be used for business
55	purposes but was intended to be used solely for the
56	administration of the federal Social Security System. The
57	Legislature is further aware that over time this unique numeric
58	identifier has been used extensively for identity verification
59	purposes and other legitimate consensual purposes.
60	b.  The Legislature recognizes is also cognizant of the
61	fact that the social security number can be used as a tool to
62	perpetuate fraud against an individual a person and to acquire
63	sensitive personal, financial, medical, and familial
64	information, the release of which could cause great financial or
65	personal harm to an individual.
66	c.  The Legislature intends to monitor the commercial use
67	of social security numbers held by state agencies in order to
68	maintain a balanced public policy.
69	2.a.  An agency may not collect an individual's social
70	security number unless the agency has stated in writing the
71	purpose for its collection and unless it is:
72	(I)  Specifically authorized by law to do so; or
73	(II)  unless the collection of the social security number
74	is otherwise Imperative for the performance of that agency's
75	duties and responsibilities as prescribed by law. Social
76	security numbers collected by an agency must be relevant to the
77	purpose for which collected and may not be collected until and
78	unless the need for social security numbers has been clearly
79	documented.
80	b.  Social security numbers collected by an agency may not
81	be used by that agency for any purpose other than the purpose
82	provided in the written statement.
83	3.  An agency that collects social security numbers shall
84	also segregate that number on a separate page from the rest of
85	the record, or as otherwise appropriate, in order that the
86	social security number be more easily redacted, if required,
87	pursuant to a public records request. An agency collecting an
88	individual's a person's social security number shall, upon that
89	person's request, at the time of or prior to the actual
90	collection of the social security number by that agency, provide
91	that individual person with a copy of the written statement
92	required in subparagraph 2. of the purpose or purposes for which
93	the social security number is being collected and used. Social
94	security numbers collected by an agency may not be used by that
95	agency for any purpose other than the purpose stated.
96	4.a.  Each social security numbers collected by an agency
97	before May 13, 2002, shall review whether its collection of
98	social security numbers is in be reviewed for compliance with
99	subparagraph 2. this subparagraph. If the agency determines that
100	collection of a social security number before May 13, 2002, is
101	not in compliance with subparagraph 2. found to be unwarranted,
102	the agency shall immediately discontinue the collection of
103	social security numbers for that purpose.
104	b.  Each agency shall certify to the President of the
105	Senate and the Speaker of the House of Representatives its
106	compliance with this subparagraph no later than January 31,
107	2008.
108	5.3.  Effective October 1, 2002, all Social security
109	numbers held by an agency are confidential and exempt from s.
110	119.07(1) and s. 24(a), Art. I of the State Constitution. This
111	exemption applies to all social security numbers held by an
112	agency before, on, or after the effective date of this
113	exemption.
114	6.4.  Social security numbers may be disclosed to another
115	agency or governmental entity or its agents, employees, or
116	contractors if disclosure is necessary for the receiving agency
117	or entity to perform its duties and responsibilities. The
118	receiving governmental entity and its agents, employees, and
119	contractors shall maintain the confidential and exempt status of
120	the numbers.
121	7.a.  For purposes of this subsection, the term:
122	(I)  "Commercial activity" means the provision of a lawful
123	product or service by a commercial entity. Commercial activity
124	includes verification of the accuracy of personal information
125	received by a commercial entity in the normal course of its
126	business; use for insurance purposes; use in identifying and
127	preventing fraud; use in matching, verifying, or retrieving
128	information; and use in research activities. It does not include
129	the display or bulk sale of social security numbers to the
130	public or the distribution of such numbers to any customer that
131	is not identifiable by the commercial entity.
132	(II)  "Commercial entity" means any corporation,
133	partnership, limited partnership, proprietorship, sole
134	proprietorship, firm, enterprise, franchise, or association that
135	performs a commercial activity in this state.
136	b.5.  An agency may not deny a commercial entity engaged in
137	the performance of a commercial activity, which, for purposes of
138	this paragraph, means an activity that provides a product or
139	service that is available from a private source, or its agents,
140	employees, or contractors access to social security numbers,
141	provided the social security numbers will be used only in the
142	performance of a commercial activity normal course of business
143	for legitimate business purposes, and provided the commercial
144	entity makes a written request for the social security numbers.
145	The written request must:,
146	(I)  Be verified as provided in s. 92.525;,
147	(II)  Be legibly signed by an authorized officer, employee,
148	or agent of the commercial entity;.
149	(III)  The verified written request must Contain the
150	commercial entity's name, business mailing and location
151	addresses, and business telephone number;, and
152	(IV)  Contain a statement of the specific purposes for
153	which it needs the social security numbers and how the social
154	security numbers will be used in the performance of a commercial
155	activity normal course of business for legitimate business
156	purposes. The aggregate of these requests shall serve as the
157	basis for the agency report required in subparagraph 9.8.
158	c.  An agency may request any other information reasonably
159	necessary to verify the identity of a commercial the entity
160	requesting the social security numbers and the specific purposes
161	for which the numbers will be used.; however, An agency has no
162	duty to inquire beyond the information contained in the verified
163	written request. A legitimate business purpose includes
164	verification of the accuracy of personal information received by
165	a commercial entity in the normal course of its business; use in
166	a civil, criminal, or administrative proceeding; use for
167	insurance purposes; use in law enforcement and investigation of
168	crimes; use in identifying and preventing fraud; use in
169	matching, verifying, or retrieving information; and use in
170	research activities. A legitimate business purpose does not
171	include the display or bulk sale of social security numbers to
172	the general public or the distribution of such numbers to any
173	customer that is not identifiable by the distributor.
174	8.a.6.  Any person who makes a false representation in
175	order to obtain a social security number pursuant to this
176	paragraph, or any person who willfully and knowingly violates
177	this paragraph, commits a felony of the third degree, punishable
178	as provided in s. 775.082 or s. 775.083.
179	b.  Any public officer who violates this paragraph commits
180	is guilty of a noncriminal infraction, punishable by a fine not
181	exceeding $500 per violation. A commercial entity that provides
182	access to public records containing social security numbers in
183	accordance with this paragraph is not subject to the penalty
184	provisions of this subparagraph.
185	7.a.  On or after October 1, 2002, a person preparing or
186	filing a document to be recorded in the official records by the
187	county recorder as provided for in chapter 28 may not include
188	any person's social security number in that document, unless
189	otherwise expressly required by law. If a social security number
190	is or has been included in a document presented to the county
191	recorder for recording in the official records of the county
192	before, on, or after October 1, 2002, it may be made available
193	as part of the official record available for public inspection
194	and copying.
195	b.  Any person, or his or her attorney or legal guardian,
196	has the right to request that a county recorder remove, from an
197	image or copy of an official record placed on a county
198	recorder's publicly available Internet website or a publicly
199	available Internet website used by a county recorder to display
200	public records or otherwise made electronically available to the
201	general public by such recorder, his or her social security
202	number contained in that official record. The request must be
203	made in writing, legibly signed by the requester and delivered
204	by mail, facsimile, or electronic transmission, or delivered in
205	person, to the county recorder. The request must specify the
206	identification page number that contains the social security
207	number to be redacted. The county recorder has no duty to
208	inquire beyond the written request to verify the identity of a
209	person requesting redaction. A fee may not be charged for the
210	redaction of a social security number pursuant to such request.
211	c.  A county recorder shall immediately and conspicuously
212	post signs throughout his or her offices for public viewing and
213	shall immediately and conspicuously post, on any Internet
214	website or remote electronic site made available by the county
215	recorder and used for the ordering or display of official
216	records or images or copies of official records, a notice
217	stating, in substantially similar form, the following:
218	(I)  On or after October 1, 2002, Any person preparing or
219	filing a document for recordation in the official records may
220	not include a social security number in such document, unless
221	required by law.
222	(II)  Any person has a right to request a county recorder
223	to remove, from an image or copy of an official record placed on
224	a county recorder's publicly available Internet website or on a
225	publicly available Internet website used by a county recorder to
226	display public records or otherwise made electronically
227	available to the general public, any social security number
228	contained in an official record. Such request must be made in
229	writing and delivered by mail, facsimile, or electronic
230	transmission, or delivered in person, to the county recorder.
231	The request must specify the identification page number that
232	contains the social security number to be redacted. A fee may
233	not be charged for the redaction of a social security number
234	pursuant to such a request.
235	d.  Until January 1, 2008, if a social security number,
236	made confidential and exempt pursuant to this paragraph, or a
237	complete bank account, debit, charge, or credit card number made
238	exempt pursuant to paragraph (b) is or has been included in a
239	court file, such number may be included as part of the court
240	record available for public inspection and copying unless
241	redaction is requested by the holder of such number, or by the
242	holder's attorney or legal guardian, in a signed, legibly
243	written request specifying the case name, case number, document
244	heading, and page number. The request must be delivered by mail,
245	facsimile, electronic transmission, or in person to the clerk of
246	the circuit court. The clerk of the circuit court does not have
247	a duty to inquire beyond the written request to verify the
248	identity of a person requesting redaction. A fee may not be
249	charged for the redaction of a social security number or a bank
250	account, debit, charge, or credit card number pursuant to such
251	request. The clerk of the circuit court has no liability for the
252	inadvertent release of confidential and exempt social security
253	numbers or exempt bank account, debit, charge, or credit card
254	numbers, unknown to the clerk of the circuit court in court
255	records filed with the clerk of the circuit court on or before
256	January 1, 2008.
257	e.  Any person who prepares or files a document to be
258	recorded in the official records by the county recorder as
259	provided in chapter 28 may not include a person's social
260	security number or complete bank account, debit, charge, or
261	credit card number in that document unless otherwise expressly
262	required by law. Until January 1, 2008, if a social security
263	number or a complete bank account, debit, charge, or credit card
264	number is or has been included in a document presented to the
265	county recorder for recording in the official records of the
266	county, such number may be made available as part of the
267	official record available for public inspection and copying. Any
268	person, or his or her attorney or legal guardian, may request
269	that a county recorder remove from an image or copy of an
270	official record placed on a county recorder's publicly available
271	Internet website, or a publicly available Internet website used
272	by a county recorder to display public records outside the
273	office or otherwise made electronically available outside the
274	county recorder's office to the general public, his or her
275	social security number or complete account, debit, charge, or
276	credit card number contained in that official record. Such
277	request must be legibly written, signed by the requester, and
278	delivered by mail, facsimile, electronic transmission, or in
279	person to the county recorder. The request must specify the
280	identification page number of the document that contains the
281	number to be redacted. The county recorder does not have a duty
282	to inquire beyond the written request to verify the identity of
283	a person requesting redaction. A fee may not be charged for
284	redacting such numbers. If the county recorder accepts or stores
285	official records in an electronic format, the county recorder
286	must use his or her best efforts to redact all social security
287	numbers and complete bank account, debit, charge, or credit card
288	numbers from electronic copies of the official record. The use
289	of an automated program for redaction shall be deemed the best
290	effort and complies with the requirements of this sub-
291	subparagraph. The county recorder is not liable for the
292	inadvertent release of confidential and exempt social security
293	numbers, or exempt bank account, debit, charge, or credit card
294	numbers, filed with the county recorder on or before January 1,
295	2008.
296	f.  Subparagraphs 5. and 6. do not apply to the clerks of
297	the court or the county recorder with respect to circuit court
298	records and official records.
299	g.  On January 1, 2008, and thereafter, the clerk of the
300	circuit court and the county recorder must keep complete bank
301	account, debit, charge, and credit card numbers exempt as
302	provided for in paragraph (b), and must keep social security
303	numbers confidential and exempt as provided for in subparagraph
304	3., without any person having to request redaction.
305	9.a.8.  Beginning January 31, 2004, and each January 31
306	thereafter, Every agency shall must file a report with the
307	Executive Office of the Governor Secretary of State, the
308	President of the Senate, and the Speaker of the House of
309	Representatives by January 31 of each year.
310	b.  The report required under sub-subparagraph a. shall
311	list:
312	(I)  listing The identity of all commercial entities that
313	have requested social security numbers during the preceding
314	calendar year; and
315	(II)  The specific purpose or purposes stated by each
316	commercial entity regarding its need for social security
317	numbers.
318	c.  If no disclosure requests were made, the agency shall
319	so indicate.
320	10.9.  Any affected person may petition the circuit court
321	for an order directing compliance with this paragraph.
322	11.10.  This paragraph does not supersede any other
323	applicable public records exemptions existing prior to May 13,
324	2002, or created thereafter.
325	11.  This paragraph is subject to the Open Government
326	Sunset Review Act in accordance with s. 119.15 and shall stand
327	repealed October 2, 2007, unless reviewed and saved from repeal
328	through reenactment by the Legislature.
329	(b)  Bank account numbers and debit, charge, and credit
330	card numbers held by an agency are exempt from s. 119.07(1) and
331	s. 24(a), Art. I of the State Constitution. This exemption
332	applies to bank account numbers and debit, charge, and credit
333	card numbers held by an agency before, on, or after the
334	effective date of this exemption. This paragraph is subject to
335	the Open Government Sunset Review Act in accordance with s.
336	119.15 and shall stand repealed on October 2, 2007, unless
337	reviewed and saved from repeal through reenactment by the
338	Legislature.
339	Section 2.  Section 119.0714, Florida Statutes, is created,
340	and subsection (6) of section 119.07, Florida Statutes, is
341	renumbered as subsection (1) of that section and amended, to
342	read:
343	119.0714  Court files; court records; official records.--
344	(1)(6)  COURT FILES.--Nothing in this chapter shall be
345	construed to exempt from s. 119.07(1) subsection (1) a public
346	record that was made a part of a court file and that is not
347	specifically closed by order of court, except:
348	(a)  A public record that was prepared by an agency
349	attorney or prepared at the attorney's express direction as
350	provided in s. 119.071(1)(d).
351	(b)  Data processing software as provided in s.
352	119.071(1)(f).
353	(c)  Any information revealing surveillance techniques or
354	procedures or personnel as provided in s. 119.071(2)(d).
355	(d)  Any comprehensive inventory of state and local law
356	enforcement resources, and any comprehensive policies or plans
357	compiled by a criminal justice agency, as provided in s.
358	119.071(2)(d).
359	(e)  Any information revealing the substance of a
360	confession of a person arrested as provided in s. 119.071(2)(e).
361	(f)  Any information revealing the identity of a
362	confidential informant or confidential source as provided in s.
363	119.071(2)(f).
364	(g)  Any information revealing undercover personnel of any
365	criminal justice agency as provided in s. 119.071(4)(c).
366	(h)  and (f), (2)(d),(e), and (f), and (4)(c) and except
367	Information or records that may reveal the identity of a person
368	who is a victim of a sexual offense as provided in s.
369	119.071(2)(h).
370	(i)  Social security numbers as provided in s.
371	119.071(5)(a).
372	(j)  Bank account numbers and debit, charge, and credit
373	card numbers as provided in s. 119.071(5)(b).
374	(2)  COURT RECORDS.--
375	(a)  Until January 1, 2011, if a social security number or
376	a bank account, debit, charge, or credit card number is included
377	in a court file, such number may be included as part of the
378	court record available for public inspection and copying unless
379	redaction is requested by the holder of such number or by the
380	holder's attorney or legal guardian.
381	(b)  A request for redaction must be a signed, legibly
382	written request specifying the case name, case number, document
383	heading, and page number. The request must be delivered by mail,
384	facsimile, electronic transmission, or in person to the clerk of
385	the court. The clerk of the court does not have a duty to
386	inquire beyond the written request to verify the identity of a
387	person requesting redaction.
388	(c)  A fee may not be charged for the redaction of a social
389	security number or a bank account, debit, charge, or credit card
390	number pursuant to such request.
391	(d)  The clerk of the court has no liability for the
392	inadvertent release of social security numbers, or bank account,
393	debit, charge, or credit card numbers, unknown to the clerk of
394	the court in court records filed on or before January 1, 2011.
395	(e)1.  On January 1, 2011, and thereafter, the clerk of the
396	court must keep social security numbers confidential and exempt
397	as provided for in s. 119.071(5)(a), and bank account, debit,
398	charge, and credit card numbers exempt as provided for in s.
399	119.071(5)(b), without any person having to request redaction.
400	2.  Section 119.071(5)(a)7. and 8. does not apply to the
401	clerks of the court with respect to court records.
402	(3)  OFFICIAL RECORDS.--
403	(a)  Any person who prepares or files a record for
404	recording in the official records as provided in chapter 28 may
405	not include in that record a social security number or a bank
406	account, debit, charge, or credit card number unless otherwise
407	expressly required by law.
408	(b)1.  If a social security number or a bank account,
409	debit, charge, or credit card number is included in an official
410	record, such number may be made available as part of the
411	official records available for public inspection and copying
412	unless redaction is requested by the holder of such number or by
413	the holder's attorney or legal guardian.
414	2.  If such record is in electronic format, on January 1,
415	2011, and thereafter, the county recorder must use his or her
416	best effort, as provided in paragraph (h), to keep social
417	security numbers confidential and exempt as provided for in s.
418	119.071(5)(a), and to keep complete bank account, debit, charge,
419	and credit card numbers exempt as provided for in s.
420	119.071(5)(b), without any person having to request redaction.
421	3.  Section 119.071(5)(a)7. and 8. does not apply to the
422	county recorder with respect to official records.
423	(c)  The holder of a social security number or a bank
424	account, debit, charge, or credit card number, or the holder's
425	attorney or legal guardian, may request that a county recorder
426	redact from an image or copy of an official record placed on a
427	county recorder's publicly available Internet website or on a
428	publicly available Internet website used by a county recorder to
429	display public records, or otherwise made electronically
430	available to the public, his or her social security number or
431	bank account, debit, charge, or credit card number contained in
432	that official record.
433	(d)  A request for redaction must be a signed, legibly
434	written request and must be delivered by mail, facsimile,
435	electronic transmission, or in person to the county recorder.
436	The request must specify the identification page number of the
437	record that contains the number to be redacted.
438	(e)  The county recorder does not have a duty to inquire
439	beyond the written request to verify the identity of a person
440	requesting redaction.
441	(f)  A fee may not be charged for redacting a social
442	security number or a bank account, debit, charge, or credit card
443	number.
444	(g)  A county recorder shall immediately and conspicuously
445	post signs throughout his or her offices for public viewing, and
446	shall immediately and conspicuously post on any Internet website
447	or remote electronic site made available by the county recorder
448	and used for the ordering or display of official records or
449	images or copies of official records, a notice stating, in
450	substantially similar form, the following:
451	1.  On or after October 1, 2002, any person preparing or
452	filing a record for recordation in the official records may not
453	include a social security number or a bank account, debit,
454	charge, or credit card number in such document unless required
455	by law.
456	2.  Any person has a right to request a county recorder to
457	remove from an image or copy of an official record placed on a
458	county recorder's publicly available Internet website or on a
459	publicly available Internet website used by a county recorder to
460	display public records, or otherwise made electronically
461	available to the general public, any social security number
462	contained in an official record. Such request must be made in
463	writing and delivered by mail, facsimile, or electronic
464	transmission, or delivered in person, to the county recorder.
465	The request must specify the identification page number that
466	contains the social security number to be redacted. A fee may
467	not be charged for the redaction of a social security number
468	pursuant to such a request.
469	(h)  If the county recorder accepts or stores official
470	records in an electronic format, the county recorder must use
471	his or her best efforts to redact all social security numbers
472	and bank account, debit, charge, or credit card numbers from
473	electronic copies of the official record. The use of an
474	automated program for redaction shall be deemed to be the best
475	effort in performing the redaction and shall be deemed in
476	compliance with the requirements of this subsection.
477	(i)  The county recorder is not liable for the inadvertent
478	release of social security numbers, or bank account, debit,
479	charge, or credit card numbers, filed with the county recorder.
480	Section 3.  Subsection (6) of section 215.322, Florida
481	Statutes, is amended, and subsections (7) and (8) of that
482	section are renumbered as subsections (6) and (7), respectively,
483	to read:
484	215.322  Acceptance of credit cards, charge cards, or debit
485	cards by state agencies, units of local government, and the
486	judicial branch.--
487	(6)  Credit card account numbers in the possession of a
488	state agency, a unit of local government, or the judicial branch
489	are confidential and exempt from the provisions of s. 119.07(1).
490	Section 4.  Subsections (7), (8), and (9) of section
491	119.07, Florida Statutes, are renumbered as subsections (6),
492	(7), and (8), respectively.
493	Section 5.  This act shall take effect October 1, 2007.

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