Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1364
                              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)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 379.107, Florida Statutes, is created to
    6  read:
    7         379.107Public 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.
   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.