Florida Senate - 2012                                    SB 2080
       
       
       
       By the Committee on Governmental Oversight and Accountability
       
       
       
       
       585-02462-12                                          20122080__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 364.107, F.S., relating
    4         to an exemption from public records requirements for
    5         personal identifying information of Lifeline
    6         Assistance Plan participants; providing a penalty for
    7         intentional disclosure of confidential and exempt
    8         information by an officer or employee of the Public
    9         Service Commission; saving the exemption from repeal
   10         under the Open Government Sunset Review Act; removing
   11         the scheduled repeal of the exemption; providing an
   12         effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 364.107, Florida Statutes, is amended to
   17  read:
   18         364.107 Public records exemption; Lifeline Assistance Plan
   19  participants.—
   20         (1) Personal identifying information of a participant in a
   21  telecommunications carrier’s Lifeline Assistance Plan under s.
   22  364.10 held by the Public Service Commission is confidential and
   23  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   24  Constitution.
   25         (2) Information made confidential and exempt under
   26  subsection (1) may be released to the applicable
   27  telecommunications carrier for purposes directly connected with
   28  eligibility for, verification related to, or auditing of a
   29  Lifeline Assistance Plan.
   30         (3)(a) An officer or employee of a telecommunications
   31  carrier shall not intentionally disclose information made
   32  confidential and exempt under subsection (1), except as:
   33         1. Authorized by the customer;
   34         2. Necessary for billing purposes;
   35         3. Required by subpoena, court order, or other process of
   36  court;
   37         4. Necessary to disclose to an agency as defined in s.
   38  119.011 or a governmental entity for purposes directly connected
   39  with implementing service for, or verifying eligibility of, a
   40  participant in a Lifeline Assistance Plan or auditing a Lifeline
   41  Assistance Plan; or
   42         5. Otherwise authorized by law.
   43         (b) Nothing in this section precludes a telecommunications
   44  carrier from disclosing information made confidential and exempt
   45  under subsection (1) to the extent such information is otherwise
   46  publicly available or from disclosing to a customer his or her
   47  own account record through telephonic means.
   48         (4)(c) Any officer or employee of a telecommunications
   49  carrier or of the Public Service Commission who intentionally
   50  discloses information in violation of this section paragraph (a)
   51  commits a misdemeanor of the second degree, punishable as
   52  provided in s. 775.082 or s. 775.083.
   53         (4) This section is subject to the Open Government Sunset
   54  Review Act in accordance with s. 119.15 and shall stand repealed
   55  on October 2, 2012, unless reviewed and saved from repeal
   56  through reenactment by the Legislature.
   57         Section 2. This act shall take effect October 1, 2012.