House Bill hb1585e1

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                                          HB 1585, First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public-records requirements for

  4         social security numbers and financial account

  5         numbers which are contained in reports to the

  6         Department of Banking and Finance under s.

  7         717.117, F.S.; providing for future review and

  8         repeal; providing findings of public necessity;

  9         providing an effective date.

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

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13         Section 1.  Report of abandoned or unclaimed property;

14  public records exemption.--Social security numbers and

15  financial account numbers contained in reports required to be

16  submitted to the Department of Banking and Finance pursuant to

17  s. 717.117, Florida Statutes, are confidential and exempt from

18  s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the

19  State Constitution. Notwithstanding this exemption, social

20  security numbers shall be released for the limited purpose of

21  locating abandoned or unclaimed property owners to an

22  attorney, Florida-certified public accountant, or private

23  investigator who is duly licensed in this state. This act is

24  subject to the Open Government Sunset Review Act of 1995 in

25  accordance with s. 119.15, Florida Statutes, and shall stand

26  repealed October 2, 2006, unless reviewed and saved from

27  repeal through reenactment by the Legislature.

28         Section 2.  The Legislature finds that it is a public

29  necessity to make confidential and exempt the social security

30  numbers and financial account numbers of abandoned or

31  unclaimed property owners that are in the custody of the


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                                          HB 1585, First Engrossed



  1  Department of Banking and Finance to prevent identity theft

  2  and related crimes. The Legislature further finds that this

  3  exemption is necessary to prevent the information from use in

  4  forged documents demonstrating entitlement to abandoned or

  5  unclaimed property and thereby defrauding the rightful

  6  property owner or the State School Fund. Notwithstanding the

  7  public necessity to make confidential such information, it is

  8  necessary to provide access to social security numbers to an

  9  attorney, Florida-certified public accountant, or private

10  investigator duly licensed in this state to facilitate the

11  location and return of unclaimed property to rightful owners.

12  The Legislature further finds that an attorney,

13  Florida-certified public accountant, or private investigator

14  is subject to more stringent regulation and oversight than the

15  public as a whole. In addition, attorneys, Florida-certified

16  public accountants, and private investigators are the only

17  persons authorized to file claims on behalf of abandoned or

18  unclaimed property owners pursuant to chapter 717, Florida

19  Statutes.

20         Section 3.  This act shall take effect October 1, 2001.

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