Florida Senate - 2009 (PROPOSED COMMITTEE BILL) SPB 7040
FOR CONSIDERATION By the Committee on Governmental Oversight and
Accountability
585-01176-09 20097040__
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.