Florida Senate - 2009                                    SB 1838
       
       
       
       By the Committee on Governmental Oversight and Accountability
       
       
       
       
       585-02106-09                                          20091838__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S.;
    4         providing that social security numbers of current and
    5         former agency employees held by the employing agency
    6         are confidential and exempt; providing exceptions;
    7         authorizing current or former agency employees to
    8         provide written notice to another agency to maintain
    9         the confidential and exempt status of such social
   10         security number; providing exceptions; saving the
   11         exemption from repeal under the Open Government Sunset
   12         Review Act; deleting provisions that provide for
   13         repeal of the exemption; requiring that an agency
   14         identify the laws governing the collection, use, and
   15         release of social security numbers and ensure that it
   16         complies with such laws; requiring notice as to
   17         whether collection of a social security number is
   18         mandatory under federal or state law; redefining the
   19         term “commercial activity” for purposes of provisions
   20         authorizing the disclosure of a social security number
   21         under limited circumstances; clarifying that certain
   22         provisions do not supersede federal or state
   23         requirements regarding the collection, use, or release
   24         of social security numbers; providing a statement of
   25         public necessity; providing an effective date.
   26         
   27  Be It Enacted by the Legislature of the State of Florida:
   28         
   29         Section 1. Paragraph (a) of subsection (4) and paragraph
   30  (a) of subsection (5) of section 119.071, Florida Statutes, is
   31  amended to read:
   32         119.071 General exemptions from inspection or copying of
   33  public records.—
   34         (4) AGENCY PERSONNEL INFORMATION.—
   35         (a)1. The social security numbers of all current and former
   36  agency employees which numbers are held by the contained in
   37  employing agency employment records are confidential and exempt
   38  from s. 119.07(1) and s. 24(a), Art. I of the State
   39  Constitution.
   40         2.The employing agency may disclose a social security
   41  number of a current or former agency employee protected under
   42  subparagraph 1. if any of the following apply:
   43         a.The disclosure of the social security number is
   44  expressly required by state law, federal law, or a court order.
   45         b.The disclosure of the social security number is
   46  necessary for the receiving agency or entity to perform its
   47  duties and responsibilities.
   48         c.The individual expressly consents in writing to the
   49  disclosure of the individual’s social security number.
   50         d.The disclosure of the social security number is made in
   51  order to comply with the USA Patriot Act of 2001, Pub. L. No.
   52  107-56, Presidential Executive Order 13224.
   53         e.The disclosure is made to a commercial entity for the
   54  permissible uses set forth in the Drivers Privacy Protection
   55  Act, 18 U.S.C. 2721 et seq., the Fair Credit Reporting Act, 15
   56  U.S.C. 1681 et seq., or the Financial Modernization Act of 1999,
   57  15 U.S.C. 6801 et seq., or for verification of the accuracy of
   58  personal information received by a commercial entity in the
   59  normal course of its business, as provided in paragraph (5)(a),
   60  if the authorized commercial entity complies with the
   61  requirements of that paragraph.
   62         f.The disclosure of the social security number is for the
   63  purpose of the administration of a state agency employee’s or
   64  the state agency employee’s dependent’s health benefits.
   65         g.The disclosure of the social security number is for the
   66  purpose of the administration of a pension fund administered for
   67  the public employees’ retirement fund, a deferred compensation
   68  plan, or defined contribution plan.
   69         h.The disclosure of the social security number is for the
   70  purpose of the administration of the Uniform Commercial Code by
   71  the office of the Secretary of State.
   72         3.An individual who is currently or was formerly employed
   73  by an agency and whose social security number is protected under
   74  subparagraph 1. may file a written notice with another agency
   75  that is not his or her employer to notify such agency that the
   76  individual is protected under subparagraph 1. Upon receipt of
   77  such notification, the agency shall maintain the confidential
   78  and exempt status of the individual’s social security number,
   79  except as provided in subparagraph 2.
   80         2.An agency that is the custodian of a social security
   81  number specified in subparagraph 1. and that is not the
   82  employing agency shall maintain the exempt status of the social
   83  security number only if the employee or the employing agency of
   84  the employee submits a written request for confidentiality to
   85  the custodial agency. However, upon a request by a commercial
   86  entity as provided in sub-subparagraph (5)(a)7.b., the custodial
   87  agency shall release the last four digits of the exempt social
   88  security number, except that a social security number provided
   89  in a lien filed with the Department of State shall be released
   90  in its entirety. This subparagraph is subject to the Open
   91  Government Sunset Review Act in accordance with s. 119.15 and
   92  shall stand repealed on October 2, 2009, unless reviewed and
   93  saved from repeal through reenactment by the Legislature.
   94         (5) OTHER PERSONAL INFORMATION.—
   95         (a)1.a. The Legislature acknowledges that the social
   96  security number was never intended to be used for business
   97  purposes but was intended to be used solely for the
   98  administration of the federal Social Security System. The
   99  Legislature is further aware that over time this unique numeric
  100  identifier has been used extensively for identity verification
  101  purposes and other legitimate consensual purposes.
  102         b. The Legislature recognizes that the social security
  103  number can be used as a tool to perpetuate fraud against an
  104  individual and to acquire sensitive personal, financial,
  105  medical, and familial information, the release of which could
  106  cause great financial or personal harm to an individual.
  107         c. The Legislature intends to monitor the use of social
  108  security numbers held by agencies in order to maintain a
  109  balanced public policy.
  110         2.a. An agency may not collect an individual's social
  111  security number unless the agency has stated in writing the
  112  purpose for its collection and unless it is:
  113         (I) Specifically authorized by law to do so; or
  114         (II) Imperative for the performance of that agency's duties
  115  and responsibilities as prescribed by law.
  116         b.An agency shall identify in writing the specific federal
  117  or state laws governing the collection, use, and release of
  118  social security numbers for each purpose for which the agency
  119  collects the social security number, including any authorized
  120  exceptions that apply to such collection, use, and release. Each
  121  agency shall ensure that the collection, use, and release of
  122  social security numbers complies with the specific federal or
  123  state law that applies.
  124         c.b. Social security numbers collected by an agency may not
  125  be used by that agency for any purpose other than the purpose
  126  provided in the written statement.
  127         3. An agency collecting an individual's social security
  128  number shall provide that individual with a copy of the written
  129  statement required in subparagraph 2. The written notice must
  130  also state whether collection of the individual’s social
  131  security number is mandatory under federal or state law.
  132         4.a. Each agency shall review whether its collection of
  133  social security numbers is in compliance with subparagraph 2. If
  134  the agency determines that collection of a social security
  135  number is not in compliance with subparagraph 2., the agency
  136  shall immediately discontinue the collection of social security
  137  numbers for that purpose.
  138         b.Each agency shall certify to the President of the Senate
  139  and the Speaker of the House of Representatives its compliance
  140  with this subparagraph no later than January 31, 2008.
  141         5. Social security numbers held by an agency are
  142  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  143  of the State Constitution. This exemption applies to social
  144  security numbers held by an agency before, on, or after the
  145  effective date of this exemption.
  146         6. Social security numbers held by an agency may be
  147  disclosed if any of the following apply: to another agency or
  148  governmental entity if disclosure is necessary for the receiving
  149  agency or entity to perform its duties and responsibilities.
  150         a.The disclosure of the social security number is
  151  expressly required by state law, federal law, or a court order.
  152         b.The disclosure of the social security number is
  153  necessary for the receiving agency or entity to perform its
  154  duties and responsibilities.
  155         c.The individual expressly consents in writing to the
  156  disclosure of the individual’s social security number.
  157         d.The disclosure of the social security number is made in
  158  order to comply with the USA Patriot Act of 2001, Pub. L. No.
  159  107-56, or Presidential Executive Order 13224.
  160         e.The disclosure is made to a commercial entity for the
  161  permissible uses set forth in the Drivers Privacy Protection
  162  Act, 18 U.S.C. 2721 et seq., the Fair Credit Reporting Act, 15
  163  U.S.C. 1681 et seq., or the Financial Modernization Act of 1999,
  164  15 U.S.C. 6801 et seq., if the authorized commercial entity
  165  complies with the requirements of this paragraph.
  166         f.The disclosure of the social security number is for the
  167  purpose of the administration of a state agency employee’s or
  168  the state agency employee’s dependent’s health benefits.
  169         g.The disclosure of the social security number is for the
  170  purpose of the administration of a pension fund administered for
  171  the public employees’ retirement fund, a deferred compensation
  172  plan, or defined contribution plan.
  173         h.The disclosure of the social security number is for the
  174  purpose of the administration of the Uniform Commercial Code by
  175  the office of the Secretary of State.
  176         7.a. For purposes of this subsection, the term:
  177         (I) “Commercial activity” means the permissible uses set
  178  forth in the Drivers Privacy Protection Act, 18 U.S.C. 2721 et
  179  seq., the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., or
  180  the Financial Modernization Act of 1999, 15 U.S.C. 6801 et seq.,
  181  or for provision of a lawful product or service by a commercial
  182  entity. Commercial activity includes verification of the
  183  accuracy of personal information received by a commercial entity
  184  in the normal course of its business, including identification
  185  and prevention of fraud; use for insurance purposes; use in
  186  identifying and preventing fraud; use in matching, verifying, or
  187  retrieving information; and use in research activities. It does
  188  not include the display or bulk sale of social security numbers
  189  to the public or the distribution of such numbers to any
  190  customer that is not identifiable by the commercial entity.
  191         (II) “Commercial entity” means any corporation,
  192  partnership, limited partnership, proprietorship, sole
  193  proprietorship, firm, enterprise, franchise, or association that
  194  performs a commercial activity in this state.
  195         b. An agency may not deny a commercial entity engaged in
  196  the performance of a commercial activity access to social
  197  security numbers, provided the social security numbers will be
  198  used only in the performance of a commercial activity and
  199  provided the commercial entity makes a written request for the
  200  social security numbers. The written request must:
  201         (I) Be verified as provided in s. 92.525;
  202         (II) Be legibly signed by an authorized officer, employee,
  203  or agent of the commercial entity;
  204         (III) Contain the commercial entity's name, business
  205  mailing and location addresses, and business telephone number;
  206  and
  207         (IV) Contain a statement of the specific purposes for which
  208  it needs the social security numbers and how the social security
  209  numbers will be used in the performance of a commercial
  210  activity, including the identification of any specific federal
  211  or state law that permits such use. The aggregate of these
  212  requests shall serve as the basis for the agency report required
  213  in subparagraph 9.
  214         c. An agency may request any other information reasonably
  215  necessary to verify the identity of a commercial entity
  216  requesting the social security numbers and the specific purposes
  217  for which the numbers will be used.
  218         8.a. Any person who makes a false representation in order
  219  to obtain a social security number pursuant to this paragraph,
  220  or any person who willfully and knowingly violates this
  221  paragraph, commits a felony of the third degree, punishable as
  222  provided in s. 775.082 or s. 775.083.
  223         b. Any public officer who violates this paragraph commits a
  224  noncriminal infraction, punishable by a fine not exceeding $500
  225  per violation.
  226         9.a. Every agency shall file a report with the Executive
  227  Office of the Governor, the President of the Senate, and the
  228  Speaker of the House of Representatives by January 31 of each
  229  year.
  230         b. The report required under sub-subparagraph a. shall
  231  list:
  232         (I) The identity of all commercial entities that have
  233  requested social security numbers during the preceding calendar
  234  year; and
  235         (II) The specific purpose or purposes stated by each
  236  commercial entity regarding its need for social security
  237  numbers.
  238         c. If no disclosure requests were made, the agency shall so
  239  indicate.
  240         10. Any affected person may petition the circuit court for
  241  an order directing compliance with this paragraph.
  242         11. This paragraph does not supersede any federal or state
  243  requirement regarding the collection, use, or release of social
  244  security numbers or any other applicable public records
  245  exemptions existing prior to May 13, 2002, or created
  246  thereafter.
  247         Section 2. The Legislature finds that it is a public
  248  necessity that agency employee social security numbers be made
  249  confidential and exempt from s. 24(a), Article I of the State
  250  Constitution and s. 119.07(1), Florida Statutes. The Legislature
  251  notes that the lawful collection, use, and release of social
  252  security numbers requires knowledge of a variety of complex
  253  federal requirements that must be applied differently in various
  254  circumstances. Federal requirements for the collection, use, and
  255  release may differ from agency to agency depending upon the
  256  purpose or use for which the social security number is collected
  257  or the year in which such number was collected. The Legislature
  258  finds that compliance with applicable federal requirements
  259  regarding the collection, use, and release requires that agency
  260  employee social security numbers be made confidential and
  261  exempt.
  262         Section 3. This act shall take effect July 1, 2009.