House Bill 1531e1

                                      HB 1531, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         240.554, F.S.; providing an exemption from

  4         public records requirements for account

  5         information associated with the Florida College

  6         Savings Program; authorizing the release of

  7         such information to community colleges,

  8         colleges, and universities under certain

  9         circumstances; requiring that such institutions

10         maintain the confidentiality of the

11         information; providing for future legislative

12         review and repeal; providing a finding of

13         public necessity; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 240.554, Florida Statutes, is

18  created to read:

19         240.554  Florida College Savings Program;

20  confidentiality of account information.--Information that

21  identifies the benefactor or designated beneficiary of any

22  account initiated under s. 240.553 and information regarding

23  individual account activities conducted through the program

24  established in s. 240.553 are exempt from s. 119.07(1) and s.

25  24(a), Art. I of the State Constitution. However, the board

26  may authorize the release of such information to a community

27  college, college, or university in which a designated

28  beneficiary may enroll or is enrolled. Community colleges,

29  colleges, and universities shall maintain such information as

30  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

31  Constitution. This section is subject to the Open Government


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CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1531, First Engrossed/ntc



  1  Sunset Review Act of 1995 in accordance with s. 119.15, and is

  2  repealed on October 2, 2004, unless reviewed and saved from

  3  repeal through reenactment by the Legislature before that

  4  date.

  5         Section 2.  The Legislature finds that the provision of

  6  programs that foster timely financial planning for

  7  postsecondary education serves a legitimate public purpose.

  8  The Legislature further finds that public release of

  9  information about a benefactor or designated beneficiary of an

10  account established under the Florida College Savings Program

11  or any information about an account established under the

12  Florida College Savings Program, may have a chilling effect

13  upon the willingness of persons to participate in the program

14  because such information will unavoidably contain personal

15  information. Therefore, it is a public necessity to protect

16  the confidentiality of such information. The Legislature finds

17  that the disclosure of personal financial information or

18  personal identifying information concerning benefactors and

19  designated beneficiaries of accounts established under the

20  Florida College Savings Program would provide access to

21  information about such persons which could be used by persons

22  to commit acts of fraud upon such benefactors, designated

23  beneficiaries, or members of their families. Further,

24  disclosure of such information constitutes an unwarranted

25  invasion into the lives and personal privacy of program

26  participants. Thus, the harm from providing access to, and

27  disclosure of, this information outweighs any public benefit

28  that may be derived from public access to this information.

29  The Legislature further finds that sharing confidential

30  information concerning participants in the program with

31  community colleges, colleges, and universities, similarly


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CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1531, First Engrossed/ntc



  1  serves a public necessity because it facilitates the efficient

  2  administration of the program, enables such educational

  3  institutions to obtain information on program participants,

  4  and facilitates the payment of postsecondary costs on behalf

  5  of designated beneficiaries. The Legislature finds that the

  6  disclosure of such information by a community college,

  7  college, or university would be as detrimental as if it were

  8  released by the Florida College Savings Program. Accordingly,

  9  information on benefactors, designated beneficiaries, and

10  accounts established within the Florida College Savings

11  Program must remain confidential when obtained by community

12  colleges, colleges, and universities.

13         Section 3.  This act shall take effect on the date

14  House Bill 1411, creating the Florida College Savings Program,

15  or similar legislation becomes a law, and shall not take

16  effect if such legislation does not become a law.

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