| 1 | A bill to be entitled | 
| 2 | An act relating to a review under the Open Government  | 
| 3 | Sunset Review Act for social security numbers; amending s.  | 
| 4 | 119.071, F.S.; providing that social security numbers of  | 
| 5 | current and former agency employees held by the employing  | 
| 6 | agency are confidential and exempt from public records  | 
| 7 | requirements; providing for future review and repeal of  | 
| 8 | the exemption; requiring that an agency identify in  | 
| 9 | writing the specific federal or state laws governing the  | 
| 10 | collection, use, and release of social security numbers  | 
| 11 | and ensure compliance therewith; requiring notice as to  | 
| 12 | whether collection of a social security number is  | 
| 13 | authorized or mandatory under federal or state law;  | 
| 14 | delineating conditions under which social security numbers  | 
| 15 | held by an agency may be disclosed; redefining the term  | 
| 16 | "commercial activity" for purposes of provisions  | 
| 17 | authorizing the disclosure of a social security number  | 
| 18 | under limited circumstances; eliminating agency reports of  | 
| 19 | requests for social security numbers by commercial  | 
| 20 | entities; clarifying that specified provisions do not  | 
| 21 | supersede federal or state requirements regarding the  | 
| 22 | collection, use, or release of social security numbers;  | 
| 23 | reenacting ss. 119.0714(1)(i), (2)(e), and (3)(b) and  | 
| 24 | 1007.35(8)(b), F.S., relating to social security numbers  | 
| 25 | contained in records that are made part of a court file, a  | 
| 26 | future requirement of court clerks to keep social security  | 
| 27 | numbers confidential and exempt without a request for  | 
| 28 | redaction and specified nonapplicability to court clerks  | 
| 29 | with respect to court records, the availability of social  | 
| 30 | security numbers as part of official records, a future  | 
| 31 | requirement of county recorders to keep social security  | 
| 32 | numbers confidential and exempt without a request for  | 
| 33 | redaction and specified nonapplicability to county  | 
| 34 | recorders with respect to official records, and access to  | 
| 35 | specified information under the Florida Partnership for  | 
| 36 | Minority and Underrepresented Student Achievement,  | 
| 37 | respectively, for the purpose of incorporating the  | 
| 38 | amendment to s. 119.071, F.S., in references thereto,;  | 
| 39 | providing a statement of public necessity; providing an  | 
| 40 | effective date. | 
| 41 | 
  | 
| 42 | Be It Enacted by the Legislature of the State of Florida: | 
| 43 | 
  | 
| 44 |      Section 1.  Paragraph (a) of subsection (4) and paragraph  | 
| 45 | (a) of subsection (5) of section 119.071, Florida Statutes, are  | 
| 46 | amended to read: | 
| 47 |      119.071  General exemptions from inspection or copying of  | 
| 48 | public records.-- | 
| 49 |      (4)  AGENCY PERSONNEL INFORMATION.-- | 
| 50 |      (a)1.  The social security numbers of all current and  | 
| 51 | former agency employees which numbers are held by the employing  | 
| 52 | contained in agency employment records are confidential and  | 
| 53 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State  | 
| 54 | Constitution. This paragraph is subject to the Open Government  | 
| 55 | Sunset Review Act in accordance with s. 119.15 and shall stand  | 
| 56 | repealed on October 2, 2014, unless reviewed and saved from  | 
| 57 | repeal through reenactment by the Legislature. | 
| 58 |      2.  An agency that is the custodian of a social security  | 
| 59 | number specified in subparagraph 1. and that is not the  | 
| 60 | employing agency shall maintain the exempt status of the social  | 
| 61 | security number only if the employee or the employing agency of  | 
| 62 | the employee submits a written request for confidentiality to  | 
| 63 | the custodial agency. However, upon a request by a commercial  | 
| 64 | entity as provided in sub-subparagraph (5)(a)7.b., the custodial  | 
| 65 | agency shall release the last four digits of the exempt social  | 
| 66 | security number, except that a social security number provided  | 
| 67 | in a lien filed with the Department of State shall be released  | 
| 68 | in its entirety. This subparagraph is subject to the Open  | 
| 69 | Government Sunset Review Act in accordance with s. 119.15 and  | 
| 70 | shall stand repealed on October 2, 2009, unless reviewed and  | 
| 71 | saved from repeal through reenactment by the Legislature. | 
| 72 |      (5)  OTHER PERSONAL INFORMATION.-- | 
| 73 |      (a)1.a.  The Legislature acknowledges that the social  | 
| 74 | security number was never intended to be used for business  | 
| 75 | purposes but was intended to be used solely for the  | 
| 76 | administration of the federal Social Security System. The  | 
| 77 | Legislature is further aware that over time this unique numeric  | 
| 78 | identifier has been used extensively for identity verification  | 
| 79 | purposes and other legitimate consensual purposes. | 
| 80 |      b.  The Legislature recognizes that the social security  | 
| 81 | number can be used as a tool to perpetuate fraud against an  | 
| 82 | individual and to acquire sensitive personal, financial,  | 
| 83 | medical, and familial information, the release of which could  | 
| 84 | cause great financial or personal harm to an individual. | 
| 85 |      c.  The Legislature intends to monitor the use of social  | 
| 86 | security numbers held by agencies in order to maintain a  | 
| 87 | balanced public policy. | 
| 88 |      2.a.  An agency may not collect an individual's social  | 
| 89 | security number unless the agency has stated in writing the  | 
| 90 | purpose for its collection and unless it is: | 
| 91 |      (I)  Specifically authorized by law to do so; or | 
| 92 |      (II)  Imperative for the performance of that agency's  | 
| 93 | duties and responsibilities as prescribed by law. | 
| 94 |      b.  An agency shall identify in writing the specific  | 
| 95 | federal or state law governing the collection, use, or release  | 
| 96 | of social security numbers for each purpose for which the agency  | 
| 97 | collects the social security number, including any authorized  | 
| 98 | exceptions that apply to such collection, use, or release. Each  | 
| 99 | agency shall ensure that the collection, use, or release of  | 
| 100 | social security numbers complies with the specific applicable  | 
| 101 | federal or state law. | 
| 102 |      c.b.  Social security numbers collected by an agency may  | 
| 103 | not be used by that agency for any purpose other than the  | 
| 104 | purpose provided in the written statement. | 
| 105 |      3.  An agency collecting an individual's social security  | 
| 106 | number shall provide that individual with a copy of the written  | 
| 107 | statement required in subparagraph 2. The written statement also  | 
| 108 | shall state whether collection of the individual's social  | 
| 109 | security number is authorized or mandatory under federal or  | 
| 110 | state law. | 
| 111 |      4.a.  Each agency shall review whether its collection of  | 
| 112 | social security numbers is in compliance with subparagraph 2. If  | 
| 113 | the agency determines that collection of a social security  | 
| 114 | number is not in compliance with subparagraph 2., the agency  | 
| 115 | shall immediately discontinue the collection of social security  | 
| 116 | numbers for that purpose. | 
| 117 |      b.  Each agency shall certify to the President of the  | 
| 118 | Senate and the Speaker of the House of Representatives its  | 
| 119 | compliance with this subparagraph no later than January 31,  | 
| 120 | 2008. | 
| 121 |      5.  Social security numbers held by an agency are  | 
| 122 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I  | 
| 123 | of the State Constitution. This exemption applies to social  | 
| 124 | security numbers held by an agency before, on, or after the  | 
| 125 | effective date of this exemption. | 
| 126 |      6.  Social security numbers held by an agency may be  | 
| 127 | disclosed if any of the following apply: to another agency or  | 
| 128 | governmental entity if disclosure is necessary for the receiving  | 
| 129 | agency or entity to perform its duties and responsibilities. | 
| 130 |      a.  The disclosure of the social security number is  | 
| 131 | expressly required by federal or state law or a court order. | 
| 132 |      b.  The disclosure of the social security number is  | 
| 133 | necessary for the receiving agency or governmental entity to  | 
| 134 | perform its duties and responsibilities. | 
| 135 |      c.  The individual expressly consents in writing to the  | 
| 136 | disclosure of his or her social security number. | 
| 137 |      d.  The disclosure of the social security number is made to  | 
| 138 | comply with the USA Patriot Act of 2001, Pub. L. No. 107-56, or  | 
| 139 | Presidential Executive Order 13224. | 
| 140 |      e.  The disclosure of the social security number is made to  | 
| 141 | a commercial entity for the permissible uses set forth in the  | 
| 142 | federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss.  | 
| 143 | 2721 et seq., the Fair Credit Reporting Act, 15 U.S.C. ss. 1681  | 
| 144 | et seq., or the Financial Services Modernization Act of 1999, 15  | 
| 145 | U.S.C. ss. 6801 et seq., provided that the authorized commercial  | 
| 146 | entity complies with the requirements of this paragraph. | 
| 147 |      f.  The disclosure of the social security number is for the  | 
| 148 | purpose of the administration of health benefits for an agency  | 
| 149 | employee or his or her dependents. | 
| 150 |      g.  The disclosure of the social security number is for the  | 
| 151 | purpose of the administration of a pension fund administered for  | 
| 152 | the agency employee's retirement fund, deferred compensation  | 
| 153 | plan, or defined contribution plan. | 
| 154 |      h.  The disclosure of the social security number is for the  | 
| 155 | purpose of the administration of the Uniform Commercial Code by  | 
| 156 | the office of the Secretary of State. | 
| 157 |      7.a.  For purposes of this subsection, the term: | 
| 158 |      (I)  "Commercial activity" means the permissible uses set  | 
| 159 | forth in the federal Driver's Privacy Protection Act of 1994, 18  | 
| 160 | U.S.C. ss. 2721 et seq., the Fair Credit Reporting Act, 15  | 
| 161 | U.S.C. ss. 1681 et seq., or the Financial Services Modernization  | 
| 162 | Act of 1999, 15 U.S.C. ss. 6801 et seq., or provision of a  | 
| 163 | lawful product or service by a commercial entity. Commercial  | 
| 164 | activity includes verification of the accuracy of personal  | 
| 165 | information received by a commercial entity in the normal course  | 
| 166 | of its business, including identification or prevention of  | 
| 167 | fraud; use for insurance purposes; use in identifying and  | 
| 168 | preventing fraud; use in matching, verifying, or retrieving  | 
| 169 | information; and use in research activities. It does not include  | 
| 170 | the display or bulk sale of social security numbers to the  | 
| 171 | public or the distribution of such numbers to any customer that  | 
| 172 | is not identifiable by the commercial entity. | 
| 173 |      (II)  "Commercial entity" means any corporation,  | 
| 174 | partnership, limited partnership, proprietorship, sole  | 
| 175 | proprietorship, firm, enterprise, franchise, or association that  | 
| 176 | performs a commercial activity in this state. | 
| 177 |      b.  An agency may not deny a commercial entity engaged in  | 
| 178 | the performance of a commercial activity access to social  | 
| 179 | security numbers, provided the social security numbers will be  | 
| 180 | used only in the performance of a commercial activity and  | 
| 181 | provided the commercial entity makes a written request for the  | 
| 182 | social security numbers. The written request must: | 
| 183 |      (I)  Be verified as provided in s. 92.525; | 
| 184 |      (II)  Be legibly signed by an authorized officer, employee,  | 
| 185 | or agent of the commercial entity; | 
| 186 |      (III)  Contain the commercial entity's name, business  | 
| 187 | mailing and location addresses, and business telephone number;  | 
| 188 | and | 
| 189 |      (IV)  Contain a statement of the specific purposes for  | 
| 190 | which it needs the social security numbers and how the social  | 
| 191 | security numbers will be used in the performance of a commercial  | 
| 192 | activity, including the identification of any specific federal  | 
| 193 | or state law that permits such use. The aggregate of these  | 
| 194 | requests shall serve as the basis for the agency report required  | 
| 195 | in subparagraph 9. | 
| 196 |      c.  An agency may request any other information reasonably  | 
| 197 | necessary to verify the identity of a commercial entity  | 
| 198 | requesting the social security numbers and the specific purposes  | 
| 199 | for which the numbers will be used. | 
| 200 |      8.a.  Any person who makes a false representation in order  | 
| 201 | to obtain a social security number pursuant to this paragraph,  | 
| 202 | or any person who willfully and knowingly violates this  | 
| 203 | paragraph, commits a felony of the third degree, punishable as  | 
| 204 | provided in s. 775.082 or s. 775.083. | 
| 205 |      b.  Any public officer who violates this paragraph commits  | 
| 206 | a noncriminal infraction, punishable by a fine not exceeding  | 
| 207 | $500 per violation. | 
| 208 |      9.a.  Every agency shall file a report with the Executive  | 
| 209 | Office of the Governor, the President of the Senate, and the  | 
| 210 | Speaker of the House of Representatives by January 31 of each  | 
| 211 | year. | 
| 212 |      b.  The report required under sub-subparagraph a. shall  | 
| 213 | list: | 
| 214 |      (I)  The identity of all commercial entities that have  | 
| 215 | requested social security numbers during the preceding calendar  | 
| 216 | year; and | 
| 217 |      (II)  The specific purpose or purposes stated by each  | 
| 218 | commercial entity regarding its need for social security  | 
| 219 | numbers. | 
| 220 |      c.  If no disclosure requests were made, the agency shall  | 
| 221 | so indicate. | 
| 222 |      9.10.  Any affected person may petition the circuit court  | 
| 223 | for an order directing compliance with this paragraph. | 
| 224 |      10.11.  This paragraph does not supersede any federal or  | 
| 225 | state law regarding the collection, use, or release of social  | 
| 226 | security numbers or any other applicable public records  | 
| 227 | exemptions existing prior to May 13, 2002, or created  | 
| 228 | thereafter. | 
| 229 |      Section 2.  For the purpose of incorporating the amendment  | 
| 230 | made by this act to section 119.071, Florida Statutes, in  | 
| 231 | references thereto, paragraph (i) of subsection (1), paragraph  | 
| 232 | (e) of subsection (2), and paragraph (b) of subsection (3) of  | 
| 233 | section 119.0714, Florida Statutes, are reenacted to read: | 
| 234 |      119.0714  Court files; court records; official records.-- | 
| 235 |      (1)  COURT FILES.--Nothing in this chapter shall be  | 
| 236 | construed to exempt from s. 119.07(1) a public record that was  | 
| 237 | made a part of a court file and that is not specifically closed  | 
| 238 | by order of court, except: | 
| 239 |      (i)  Social security numbers as provided in s.  | 
| 240 | 119.071(5)(a). | 
| 241 |      (2)  COURT RECORDS.-- | 
| 242 |      (e)1.  On January 1, 2011, and thereafter, the clerk of the  | 
| 243 | court must keep social security numbers confidential and exempt  | 
| 244 | as provided for in s. 119.071(5)(a), and bank account, debit,  | 
| 245 | charge, and credit card numbers exempt as provided for in s.  | 
| 246 | 119.071(5)(b), without any person having to request redaction. | 
| 247 |      2.  Section 119.071(5)(a)7. and 8. does not apply to the  | 
| 248 | clerks of the court with respect to court records. | 
| 249 |      (3)  OFFICIAL RECORDS.-- | 
| 250 |      (b)1.  If a social security number or a bank account,  | 
| 251 | debit, charge, or credit card number is included in an official  | 
| 252 | record, such number may be made available as part of the  | 
| 253 | official records available for public inspection and copying  | 
| 254 | unless redaction is requested by the holder of such number or by  | 
| 255 | the holder's attorney or legal guardian. | 
| 256 |      2.  If such record is in electronic format, on January 1,  | 
| 257 | 2011, and thereafter, the county recorder must use his or her  | 
| 258 | best effort, as provided in paragraph (h), to keep social  | 
| 259 | security numbers confidential and exempt as provided for in s.  | 
| 260 | 119.071(5)(a), and to keep complete bank account, debit, charge,  | 
| 261 | and credit card numbers exempt as provided for in s.  | 
| 262 | 119.071(5)(b), without any person having to request redaction. | 
| 263 |      3.  Section 119.071(5)(a)7. and 8. does not apply to the  | 
| 264 | county recorder with respect to official records. | 
| 265 |      Section 3.  For the purpose of incorporating the amendment  | 
| 266 | made by this act to section 119.071, Florida Statutes, in a  | 
| 267 | reference thereto, paragraph (b) of subsection (8) of section  | 
| 268 | 1007.35, Florida Statutes, is reenacted to read: | 
| 269 |      1007.35  Florida Partnership for Minority and  | 
| 270 | Underrepresented Student Achievement.-- | 
| 271 |      (8) | 
| 272 |      (b)  The department shall contribute to the evaluation  | 
| 273 | process by providing access, consistent with s. 119.071(5)(a),  | 
| 274 | to student and teacher information necessary to match against  | 
| 275 | databases containing teacher professional development data and  | 
| 276 | databases containing assessment data for the PSAT/NMSQT, SAT,  | 
| 277 | AP, and other appropriate measures. The department shall also  | 
| 278 | provide student-level data on student progress from middle  | 
| 279 | school through high school and into college and the workforce,  | 
| 280 | if available, in order to support longitudinal studies. The  | 
| 281 | partnership shall analyze and report student performance data in  | 
| 282 | a manner that protects the rights of students and parents as  | 
| 283 | required in 20 U.S.C. s. 1232g and s. 1002.22. | 
| 284 |      Section 4.  The Legislature finds that it is a public  | 
| 285 | necessity that agency employee social security numbers be made  | 
| 286 | confidential and exempt from s. 119.07(1), Florida Statutes, and  | 
| 287 | s. 24(a), Article I of the State Constitution. The Legislature  | 
| 288 | notes that the lawful collection, use, or release of social  | 
| 289 | security numbers requires knowledge of a variety of complex  | 
| 290 | federal requirements that must be applied differently in various  | 
| 291 | circumstances. Federal requirements for the collection, use, or  | 
| 292 | release may differ from agency to agency depending upon the  | 
| 293 | purpose or use for which the social security number is collected  | 
| 294 | or the year in which the number was collected. The Legislature  | 
| 295 | finds that compliance with applicable federal requirements  | 
| 296 | regarding the collection, use, or release of social security  | 
| 297 | numbers requires that agency employee social security numbers be  | 
| 298 | made confidential and exempt. | 
| 299 |      Section 5.  This act shall take effect October 1, 2009. |