Florida Senate - 2016                             CS for SB 1364
       By the Committee on Environmental Preservation and Conservation;
       and Senator Hays
       592-02668-16                                          20161364c1
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         379.107, F.S.; defining the terms “commercial entity”
    4         and “personal information”; providing an exemption
    5         from public records requirements for personal
    6         information provided to the Fish and Wildlife
    7         Conservation Commission on applications for certain
    8         licenses, permits, and certifications; providing
    9         circumstances under which personal information may be
   10         disclosed; providing applicability; providing for
   11         future legislative review and repeal of the exemption;
   12         providing a statement of public necessity; providing
   13         an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 379.107, Florida Statutes, is created to
   18  read:
   19         379.107Public records exemption; personal information.—
   20         (1)For purposes of this section, the term:
   21         (a)“Commercial entity” means any corporation, partnership,
   22  limited partnership, proprietorship, sole proprietorship, firm,
   23  enterprise, franchise, or association.
   24         (b)“Personal information” means information that
   25  identifies an individual, including, but not limited to, an
   26  individual’s photograph; social security number; driver license
   27  number; name; date of birth; address, exclusive of the five
   28  digit zip code; telephone number; e-mail or other electronic
   29  communication address; and medical or disability information.
   30         (2)Except as provided in subsection (3), personal
   31  information held by the commission in connection with the
   32  following licenses, permits, and certifications issued by the
   33  commission is confidential and exempt from s. 119.07(1) and s.
   34  24(a), Art. I of the State Constitution:
   35         (a)Recreational fishing, hunting, or use licenses and
   36  permits, and other noncommercial or nonprofessional licenses and
   37  permits.
   38         (b)Hunter safety certification.
   39         (c)Boating safety certification or recreation record.
   40         (3)Personal information may be disclosed only as follows:
   41         (a)For use by a court, law enforcement agency, or other
   42  agency, as defined in s. 119.011(2), in carrying out its duties.
   43         (b)For use in connection with any civil, criminal,
   44  administrative, or arbitral proceeding in any federal, state, or
   45  local court or agency presenting before a regulatory body,
   46  including the service of process, investigation in anticipation
   47  of litigation, and the execution or enforcement of judgments and
   48  orders, or pursuant to an order of a federal, state, or local
   49  court.
   50         (c)For use by any requester, upon demonstration of written
   51  consent for such use by the individual to whom the information
   52  pertains.
   53         (d)For use by a commercial entity for verification of the
   54  accuracy of personal information received by such entity in the
   55  normal course of its business, including identification or
   56  prevention of fraud, or matching, verifying, or retrieving
   57  information. This does not include the display or bulk sale of
   58  the legal residential address, date of birth, or telephone
   59  number of a licenseholder to the public or the distribution of
   60  such information to any customer not identifiable by the
   61  commercial entity.
   62         (4)This exemption applies to personal information held at
   63  any time by the commission, including such information held
   64  prior to the effective date of this act.
   65         (5)This section is subject to the Open Government Sunset
   66  Review Act in accordance with s. 119.15 and shall stand repealed
   67  on October 2, 2021, unless reviewed and saved from repeal
   68  through reenactment by the Legislature.
   69         Section 2. The Legislature finds that it is a public
   70  necessity that personal information held by the Fish and
   71  Wildlife Conservation Commission in connection with applications
   72  for licenses, permits, or certifications for recreational,
   73  nonprofessional, or noncommercial activities be made
   74  confidential and exempt from s. 119.07(1), Florida Statutes, and
   75  s. 24(a), Article I of the State Constitution. Under current
   76  law, personal information held by the commission relating to
   77  such licenses, permits, or certifications is a public record
   78  available for any purpose. Such information can be obtained and
   79  used to perpetrate identity theft. The public availability of
   80  this personal information needlessly increases the risk of
   81  identity theft with those individuals who have a commission
   82  issued license, permit, or certificate. This unnecessary risk
   83  would be diminished or eliminated if the commission preserved
   84  the confidentiality of personal information held by the
   85  commission relating to such licenses, permits, or
   86  certifications. Therefore, the Legislature finds that it is a
   87  public necessity to make confidential and exempt from public
   88  records requirements personal information held by the commission
   89  relating to licenses, permits, or certifications for
   90  recreational, nonprofessional, or noncommercial activities.
   91         Section 3. This act shall take effect July 1, 2016.