Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 1364 Ì903060lÎ903060 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/27/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Hays) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 379.107, Florida Statutes, is created to 6 read: 7 379.107 Public records exemption; personal information.— 8 (1) For purposes of this section, the term: 9 (a) “Commercial entity” means any corporation, partnership, 10 limited partnership, proprietorship, sole proprietorship, firm, 11 enterprise, franchise, or association. 12 (b) “Personal information” means information that 13 identifies an individual, including, but not limited to, an 14 individual’s photograph; social security number; driver license 15 number; name; date of birth; address, exclusive of the five 16 digit zip code; telephone number; e-mail or other electronic 17 communication address; and medical or disability information. 18 (2) Except as provided in subsection (3), personal 19 information held by the commission in connection with the 20 following licenses, permits, and certifications issued by the 21 commission is confidential and exempt from s. 119.07(1) and s. 22 24(a), Art. I of the State Constitution: 23 (a) Recreational fishing, hunting, or use licenses and 24 permits, and other noncommercial or nonprofessional licenses and 25 permits. 26 (b) Hunter safety certification. 27 (c) Boating safety certification or recreation record. 28 (3) Personal information may be disclosed only as follows: 29 (a) For use by a court, law enforcement agency, or other 30 agency, as defined in s. 119.011(2), in carrying out its duties. 31 (b) For use in connection with any civil, criminal, 32 administrative, or arbitral proceeding in any federal, state, or 33 local court or agency presenting before a regulatory body, 34 including the service of process, investigation in anticipation 35 of litigation, and the execution or enforcement of judgments and 36 orders, or pursuant to an order of a federal, state, or local 37 court. 38 (c) For use by any requester, upon demonstration of written 39 consent for such use by the individual to whom the information 40 pertains. 41 (d) For use by a commercial entity for verification of the 42 accuracy of personal information received by such entity in the 43 normal course of its business, including identification or 44 prevention of fraud, or matching, verifying, or retrieving 45 information. This does not include the display or bulk sale of 46 the legal residential address, date of birth, or telephone 47 number of a licenseholder to the public or the distribution of 48 such information to any customer not identifiable by the 49 commercial entity. 50 (4) This exemption applies to personal information held at 51 any time by the commission, including such information held 52 prior to the effective date of this act. 53 (5) 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, 2021, unless reviewed and saved from repeal 56 through reenactment by the Legislature. 57 Section 2. The Legislature finds that it is a public 58 necessity that personal information held by the Fish and 59 Wildlife Conservation Commission in connection with applications 60 for licenses, permits, or certifications for recreational, 61 nonprofessional, or noncommercial activities be made 62 confidential and exempt from s. 119.07(1), Florida Statutes, and 63 s. 24(a), Article I of the State Constitution. Under current 64 law, personal information held by the commission relating to 65 such licenses, permits, or certifications is a public record 66 available for any purpose. Such information can be obtained and 67 used to perpetrate identity theft. The public availability of 68 this personal information needlessly increases the risk of 69 identity theft with those individuals who have a commission 70 issued license, permit, or certificate. This unnecessary risk 71 would be diminished or eliminated if the commission preserved 72 the confidentiality of personal information held by the 73 commission relating to such licenses, permits, or 74 certifications. Therefore, the Legislature finds that it is a 75 public necessity to make confidential and exempt from public 76 records requirements personal information held by the commission 77 relating to licenses, permits, or certifications for 78 recreational, nonprofessional, or noncommercial activities. 79 Section 3. This act shall take effect July 1, 2016. 80 81 ================= T I T L E A M E N D M E N T ================ 82 And the title is amended as follows: 83 Delete everything before the enacting clause 84 and insert: 85 A bill to be entitled 86 An act relating to public records; creating s. 87 379.107, F.S.; defining the terms “commercial entity” 88 and “personal information”; providing an exemption 89 from public records requirements for personal 90 information provided to the Fish and Wildlife 91 Conservation Commission on applications for certain 92 licenses, permits, and certifications; providing 93 circumstances under which personal information may be 94 disclosed; providing applicability; providing for 95 future legislative review and repeal of the exemption; 96 providing a statement of public necessity; providing 97 an effective date.