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 |
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42 | Be It Enacted by the Legislature of the State of Florida: |
43 |
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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. |