| 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 | clarifying that the public records exemption for social |
| 15 | security numbers held by an agency does not supersede any |
| 16 | federal law prohibiting the release of social security |
| 17 | numbers or any other applicable public records exemptions |
| 18 | for social security numbers; delineating conditions under |
| 19 | which social security numbers held by an agency may be |
| 20 | disclosed; redefining the term "commercial activity" for |
| 21 | purposes of provisions authorizing the disclosure of a |
| 22 | social security number under limited circumstances; |
| 23 | eliminating agency reports of requests for social security |
| 24 | numbers by commercial entities; reenacting ss. |
| 25 | 119.0714(1)(i), (2)(e), and (3)(b) and 1007.35(8)(b), |
| 26 | F.S., relating to social security numbers contained in |
| 27 | records that are made part of a court file, a future |
| 28 | requirement of court clerks to keep social security |
| 29 | numbers confidential and exempt without a request for |
| 30 | redaction and specified nonapplicability to court clerks |
| 31 | with respect to court records, the availability of social |
| 32 | security numbers as part of official records, a future |
| 33 | requirement of county recorders to keep social security |
| 34 | numbers confidential and exempt without a request for |
| 35 | redaction and specified nonapplicability to county |
| 36 | recorders with respect to official records, and access to |
| 37 | specified information under the Florida Partnership for |
| 38 | Minority and Underrepresented Student Achievement, |
| 39 | respectively, for the purpose of incorporating the |
| 40 | amendment to s. 119.071, F.S., in references thereto,; |
| 41 | providing a statement of public necessity; providing an |
| 42 | effective date. |
| 43 |
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| 44 | Be It Enacted by the Legislature of the State of Florida: |
| 45 |
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| 46 | Section 1. Paragraph (a) of subsection (4) and paragraph |
| 47 | (a) of subsection (5) of section 119.071, Florida Statutes, are |
| 48 | amended to read: |
| 49 | 119.071 General exemptions from inspection or copying of |
| 50 | public records.-- |
| 51 | (4) AGENCY PERSONNEL INFORMATION.-- |
| 52 | (a)1. The social security numbers of all current and |
| 53 | former agency employees which numbers are held by the employing |
| 54 | contained in agency employment records are confidential and |
| 55 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 56 | Constitution. This paragraph is subject to the Open Government |
| 57 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 58 | repealed on October 2, 2014, unless reviewed and saved from |
| 59 | repeal through reenactment by the Legislature. |
| 60 | 2. An agency that is the custodian of a social security |
| 61 | number specified in subparagraph 1. and that is not the |
| 62 | employing agency shall maintain the exempt status of the social |
| 63 | security number only if the employee or the employing agency of |
| 64 | the employee submits a written request for confidentiality to |
| 65 | the custodial agency. However, upon a request by a commercial |
| 66 | entity as provided in sub-subparagraph (5)(a)7.b., the custodial |
| 67 | agency shall release the last four digits of the exempt social |
| 68 | security number, except that a social security number provided |
| 69 | in a lien filed with the Department of State shall be released |
| 70 | in its entirety. This subparagraph is subject to the Open |
| 71 | Government Sunset Review Act in accordance with s. 119.15 and |
| 72 | shall stand repealed on October 2, 2009, unless reviewed and |
| 73 | saved from repeal through reenactment by the Legislature. |
| 74 | (5) OTHER PERSONAL INFORMATION.-- |
| 75 | (a)1.a. The Legislature acknowledges that the social |
| 76 | security number was never intended to be used for business |
| 77 | purposes but was intended to be used solely for the |
| 78 | administration of the federal Social Security System. The |
| 79 | Legislature is further aware that over time this unique numeric |
| 80 | identifier has been used extensively for identity verification |
| 81 | purposes and other legitimate consensual purposes. |
| 82 | b. The Legislature recognizes that the social security |
| 83 | number can be used as a tool to perpetuate fraud against an |
| 84 | individual and to acquire sensitive personal, financial, |
| 85 | medical, and familial information, the release of which could |
| 86 | cause great financial or personal harm to an individual. |
| 87 | c. The Legislature intends to monitor the use of social |
| 88 | security numbers held by agencies in order to maintain a |
| 89 | balanced public policy. |
| 90 | 2.a. An agency may not collect an individual's social |
| 91 | security number unless the agency has stated in writing the |
| 92 | purpose for its collection and unless it is: |
| 93 | (I) Specifically authorized by law to do so; or |
| 94 | (II) Imperative for the performance of that agency's |
| 95 | duties and responsibilities as prescribed by law. |
| 96 | b. An agency shall identify in writing the specific |
| 97 | federal or state law governing the collection, use, or release |
| 98 | of social security numbers for each purpose for which the agency |
| 99 | collects the social security number, including any authorized |
| 100 | exceptions that apply to such collection, use, or release. Each |
| 101 | agency shall ensure that the collection, use, or release of |
| 102 | social security numbers complies with the specific applicable |
| 103 | federal or state law. |
| 104 | c.b. Social security numbers collected by an agency may |
| 105 | not be used by that agency for any purpose other than the |
| 106 | purpose provided in the written statement. |
| 107 | 3. An agency collecting an individual's social security |
| 108 | number shall provide that individual with a copy of the written |
| 109 | statement required in subparagraph 2. The written statement also |
| 110 | shall state whether collection of the individual's social |
| 111 | security number is authorized or mandatory under federal or |
| 112 | state law. |
| 113 | 4.a. Each agency shall review whether its collection of |
| 114 | social security numbers is in compliance with subparagraph 2. If |
| 115 | the agency determines that collection of a social security |
| 116 | number is not in compliance with subparagraph 2., the agency |
| 117 | shall immediately discontinue the collection of social security |
| 118 | numbers for that purpose. |
| 119 | b. Each agency shall certify to the President of the |
| 120 | Senate and the Speaker of the House of Representatives its |
| 121 | compliance with this subparagraph no later than January 31, |
| 122 | 2008. |
| 123 | 5. Social security numbers held by an agency are |
| 124 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 125 | of the State Constitution. This exemption applies to social |
| 126 | security numbers held by an agency before, on, or after the |
| 127 | effective date of this exemption. This exemption does not |
| 128 | supersede any federal law prohibiting the release of social |
| 129 | security numbers or any other applicable public records |
| 130 | exemption for social security numbers existing prior to May 13, |
| 131 | 2002, or created thereafter. |
| 132 | 6. Social security numbers held by an agency may be |
| 133 | disclosed if any of the following apply: to another agency or |
| 134 | governmental entity if disclosure is necessary for the receiving |
| 135 | agency or entity to perform its duties and responsibilities. |
| 136 | a. The disclosure of the social security number is |
| 137 | expressly required by federal or state law or a court order. |
| 138 | b. The disclosure of the social security number is |
| 139 | necessary for the receiving agency or governmental entity to |
| 140 | perform its duties and responsibilities. |
| 141 | c. The individual expressly consents in writing to the |
| 142 | disclosure of his or her social security number. |
| 143 | d. The disclosure of the social security number is made to |
| 144 | comply with the USA Patriot Act of 2001, Pub. L. No. 107-56, or |
| 145 | Presidential Executive Order 13224. |
| 146 | e. The disclosure of the social security number is made to |
| 147 | a commercial entity for the permissible uses set forth in the |
| 148 | federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss. |
| 149 | 2721 et seq., the Fair Credit Reporting Act, 15 U.S.C. ss. 1681 |
| 150 | et seq., or the Financial Services Modernization Act of 1999, 15 |
| 151 | U.S.C. ss. 6801 et seq., provided that the authorized commercial |
| 152 | entity complies with the requirements of this paragraph. |
| 153 | f. The disclosure of the social security number is for the |
| 154 | purpose of the administration of health benefits for an agency |
| 155 | employee or his or her dependents. |
| 156 | g. The disclosure of the social security number is for the |
| 157 | purpose of the administration of a pension fund administered for |
| 158 | the agency employee's retirement fund, deferred compensation |
| 159 | plan, or defined contribution plan. |
| 160 | h. The disclosure of the social security number is for the |
| 161 | purpose of the administration of the Uniform Commercial Code by |
| 162 | the office of the Secretary of State. |
| 163 | 7.a. For purposes of this subsection, the term: |
| 164 | (I) "Commercial activity" means the permissible uses set |
| 165 | forth in the federal Driver's Privacy Protection Act of 1994, 18 |
| 166 | U.S.C. ss. 2721 et seq., the Fair Credit Reporting Act, 15 |
| 167 | U.S.C. ss. 1681 et seq., or the Financial Services Modernization |
| 168 | Act of 1999, 15 U.S.C. ss. 6801 et seq., or provision of a |
| 169 | lawful product or service by a commercial entity. Commercial |
| 170 | activity includes verification of the accuracy of personal |
| 171 | information received by a commercial entity in the normal course |
| 172 | of its business, including identification or prevention of fraud |
| 173 | or; use for insurance purposes; use in identifying and |
| 174 | preventing fraud; use in matching, verifying, or retrieving |
| 175 | information; and use in research activities. It does not include |
| 176 | the display or bulk sale of social security numbers to the |
| 177 | public or the distribution of such numbers to any customer that |
| 178 | is not identifiable by the commercial entity. |
| 179 | (II) "Commercial entity" means any corporation, |
| 180 | partnership, limited partnership, proprietorship, sole |
| 181 | proprietorship, firm, enterprise, franchise, or association that |
| 182 | performs a commercial activity in this state. |
| 183 | b. An agency may not deny a commercial entity engaged in |
| 184 | the performance of a commercial activity access to social |
| 185 | security numbers, provided the social security numbers will be |
| 186 | used only in the performance of a commercial activity and |
| 187 | provided the commercial entity makes a written request for the |
| 188 | social security numbers. The written request must: |
| 189 | (I) Be verified as provided in s. 92.525; |
| 190 | (II) Be legibly signed by an authorized officer, employee, |
| 191 | or agent of the commercial entity; |
| 192 | (III) Contain the commercial entity's name, business |
| 193 | mailing and location addresses, and business telephone number; |
| 194 | and |
| 195 | (IV) Contain a statement of the specific purposes for |
| 196 | which it needs the social security numbers and how the social |
| 197 | security numbers will be used in the performance of a commercial |
| 198 | activity, including the identification of any specific federal |
| 199 | or state law that permits such use. The aggregate of these |
| 200 | requests shall serve as the basis for the agency report required |
| 201 | in subparagraph 9. |
| 202 | c. An agency may request any other information reasonably |
| 203 | necessary to verify the identity of a commercial entity |
| 204 | requesting the social security numbers and the specific purposes |
| 205 | for which the numbers will be used. |
| 206 | 8.a. Any person who makes a false representation in order |
| 207 | to obtain a social security number pursuant to this paragraph, |
| 208 | or any person who willfully and knowingly violates this |
| 209 | paragraph, commits a felony of the third degree, punishable as |
| 210 | provided in s. 775.082 or s. 775.083. |
| 211 | b. Any public officer who violates this paragraph commits |
| 212 | a noncriminal infraction, punishable by a fine not exceeding |
| 213 | $500 per violation. |
| 214 | 9.a. Every agency shall file a report with the Executive |
| 215 | Office of the Governor, the President of the Senate, and the |
| 216 | Speaker of the House of Representatives by January 31 of each |
| 217 | year. |
| 218 | b. The report required under sub-subparagraph a. shall |
| 219 | list: |
| 220 | (I) The identity of all commercial entities that have |
| 221 | requested social security numbers during the preceding calendar |
| 222 | year; and |
| 223 | (II) The specific purpose or purposes stated by each |
| 224 | commercial entity regarding its need for social security |
| 225 | numbers. |
| 226 | c. If no disclosure requests were made, the agency shall |
| 227 | so indicate. |
| 228 | 9.10. Any affected person may petition the circuit court |
| 229 | for an order directing compliance with this paragraph. |
| 230 | 11. This paragraph does not supersede any other applicable |
| 231 | public records exemptions existing prior to May 13, 2002, or |
| 232 | created thereafter. |
| 233 | Section 2. For the purpose of incorporating the amendment |
| 234 | made by this act to section 119.071, Florida Statutes, in |
| 235 | references thereto, paragraph (i) of subsection (1), paragraph |
| 236 | (e) of subsection (2), and paragraph (b) of subsection (3) of |
| 237 | section 119.0714, Florida Statutes, are reenacted to read: |
| 238 | 119.0714 Court files; court records; official records.-- |
| 239 | (1) COURT FILES.--Nothing in this chapter shall be |
| 240 | construed to exempt from s. 119.07(1) a public record that was |
| 241 | made a part of a court file and that is not specifically closed |
| 242 | by order of court, except: |
| 243 | (i) Social security numbers as provided in s. |
| 244 | 119.071(5)(a). |
| 245 | (2) COURT RECORDS.-- |
| 246 | (e)1. On January 1, 2011, and thereafter, the clerk of the |
| 247 | court must keep social security numbers confidential and exempt |
| 248 | as provided for in s. 119.071(5)(a), and bank account, debit, |
| 249 | charge, and credit card numbers exempt as provided for in s. |
| 250 | 119.071(5)(b), without any person having to request redaction. |
| 251 | 2. Section 119.071(5)(a)7. and 8. does not apply to the |
| 252 | clerks of the court with respect to court records. |
| 253 | (3) OFFICIAL RECORDS.-- |
| 254 | (b)1. If a social security number or a bank account, |
| 255 | debit, charge, or credit card number is included in an official |
| 256 | record, such number may be made available as part of the |
| 257 | official records available for public inspection and copying |
| 258 | unless redaction is requested by the holder of such number or by |
| 259 | the holder's attorney or legal guardian. |
| 260 | 2. If such record is in electronic format, on January 1, |
| 261 | 2011, and thereafter, the county recorder must use his or her |
| 262 | best effort, as provided in paragraph (h), to keep social |
| 263 | security numbers confidential and exempt as provided for in s. |
| 264 | 119.071(5)(a), and to keep complete bank account, debit, charge, |
| 265 | and credit card numbers exempt as provided for in s. |
| 266 | 119.071(5)(b), without any person having to request redaction. |
| 267 | 3. Section 119.071(5)(a)7. and 8. does not apply to the |
| 268 | county recorder with respect to official records. |
| 269 | Section 3. For the purpose of incorporating the amendment |
| 270 | made by this act to section 119.071, Florida Statutes, in a |
| 271 | reference thereto, paragraph (b) of subsection (8) of section |
| 272 | 1007.35, Florida Statutes, is reenacted to read: |
| 273 | 1007.35 Florida Partnership for Minority and |
| 274 | Underrepresented Student Achievement.-- |
| 275 | (8) |
| 276 | (b) The department shall contribute to the evaluation |
| 277 | process by providing access, consistent with s. 119.071(5)(a), |
| 278 | to student and teacher information necessary to match against |
| 279 | databases containing teacher professional development data and |
| 280 | databases containing assessment data for the PSAT/NMSQT, SAT, |
| 281 | AP, and other appropriate measures. The department shall also |
| 282 | provide student-level data on student progress from middle |
| 283 | school through high school and into college and the workforce, |
| 284 | if available, in order to support longitudinal studies. The |
| 285 | partnership shall analyze and report student performance data in |
| 286 | a manner that protects the rights of students and parents as |
| 287 | required in 20 U.S.C. s. 1232g and s. 1002.22. |
| 288 | Section 4. The Legislature finds that it is a public |
| 289 | necessity that agency employee social security numbers be made |
| 290 | confidential and exempt from s. 119.07(1), Florida Statutes, and |
| 291 | s. 24(a), Article I of the State Constitution. The Legislature |
| 292 | notes that the lawful collection, use, or release of social |
| 293 | security numbers requires knowledge of a variety of complex |
| 294 | federal requirements that must be applied differently in various |
| 295 | circumstances. Federal requirements for the collection, use, or |
| 296 | release may differ from agency to agency depending upon the |
| 297 | purpose or use for which the social security number is collected |
| 298 | or the year in which the number was collected. The Legislature |
| 299 | finds that compliance with applicable federal requirements |
| 300 | regarding the collection, use, or release of social security |
| 301 | numbers requires that agency employee social security numbers be |
| 302 | made confidential and exempt. |
| 303 | Section 5. This act shall take effect October 1, 2009. |