Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1364
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/17/2016           .                                

       The Committee on Rules (Latvala) 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  obtained in connection with licensure.
    9         (1)For purposes of this section, the term “personal
   10  information” means information that identifies an individual,
   11  including, but not limited to, an individual’s photograph;
   12  social security number; driver license number; name; date of
   13  birth; address, exclusive of the five-digit zip code; telephone
   14  number; e-mail or other electronic communication address; and
   15  medical or disability information.
   16         (2)Except as provided in subsection (3), personal
   17  information held by the commission in connection with the
   18  following licenses, privileges, and certifications issued by the
   19  commission is confidential and exempt from s. 119.07(1) and s.
   20  24(a), Art. I of the State Constitution:
   21         (a)Recreational hunting licenses and privileges.
   22         (b)Hunter safety certifications.
   23         (3)Personal information may be disclosed only as follows:
   24         (a)For use by a court, law enforcement agency, or other
   25  agency, as defined in s. 119.011(2), in carrying out its duties.
   26         (b)For use in connection with any civil, criminal,
   27  administrative, or arbitral proceeding in any federal, state, or
   28  local court or agency presenting before a self-regulatory body,
   29  including the service of process, investigation in anticipation
   30  of litigation, and the execution or enforcement of judgments and
   31  orders, or pursuant to an order of a federal, state, or local
   32  court.
   33         (c)For use by any requester, if the requester demonstrates
   34  he or she has obtained the written consent of the individual to
   35  whom the information pertains.
   36         (4)This exemption applies to personal information held by
   37  an agency before, on, or after July 1, 2016.
   38         (5)This section is subject to the Open Government Sunset
   39  Review Act in accordance with s. 119.15 and shall stand repealed
   40  October 2, 2021, unless reviewed and saved from repeal through
   41  reenactment by the Legislature.
   42         Section 2. The Legislature finds that it is a public
   43  necessity that personal information held by the Fish and
   44  Wildlife Conservation Commission in connection with applications
   45  for recreational hunting licenses and privileges, and hunting
   46  safety certifications be made exempt from s. 119.07(1), Florida
   47  Statutes, and s. 24(a), Article I of the State Constitution.
   48  Under current law, personal information that applicants must
   49  provide to the commission in order to apply for such licenses,
   50  privileges, and certifications is a public record available for
   51  any purpose. Such information can be obtained and used to
   52  perpetrate identity theft and other invasive contacts. The
   53  public availability of this personal information needlessly
   54  increases the risk of identity theft and invasive contacts with
   55  those applying to the commission for such licenses, privileges,
   56  and certifications. These unnecessary risks would be diminished
   57  or eliminated if the commission preserved the confidentiality of
   58  personal information provided on applications for such licenses,
   59  privileges, and certifications. Therefore, the Legislature finds
   60  that it is a public necessity to make exempt from public records
   61  requirements personal information that is provided to the
   62  commission on applications for recreational hunting licenses and
   63  privileges, and hunting safety certifications.
   64         Section 3. This act shall take effect July 1, 2016.
   66  ================= T I T L E  A M E N D M E N T ================
   67  And the title is amended as follows:
   68         Delete everything before the enacting clause
   69  and insert:
   70                        A bill to be entitled                      
   71         An act relating to public records; creating s.
   72         379.107, F.S.; defining the term “personal
   73         information”; providing an exemption from public
   74         records requirements for personal information provided
   75         to the Fish and Wildlife Conservation Commission on
   76         applications for certain hunting-related licenses,
   77         privileges, and certifications; providing
   78         circumstances under which personal information may be
   79         disclosed; providing applicability; providing for
   80         future legislative review and repeal of the exemption;
   81         providing a statement of public necessity; providing
   82         an effective date.