Senate Bill sb0468c1

    Florida Senate - 2002                            CS for SB 468

    By the Committee on Banking and Insurance; and Senator Burt





    311-1288-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         717.117, F.S.; providing an exemption from

  4         public-records requirements for social security

  5         numbers and financial account numbers contained

  6         in unclaimed property reports held by the

  7         Department of Banking and Finance; providing

  8         exceptions to the exemption; providing for

  9         future review and repeal; providing a statement

10         of public necessity; providing an effective

11         date.

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

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15         Section 1.  Subsection (8) is added to section 717.117,

16  Florida Statutes, to read:

17         717.117  Report of unclaimed property.--

18         (8)  Social security numbers and financial account

19  numbers contained in reports required under this section, held

20  by the Department of Banking and Finance, are confidential and

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

22  Constitution. Notwithstanding this exemption, social security

23  numbers shall be released for the limited purpose of locating

24  owners of abandoned or unclaimed property to an attorney,

25  Florida-certified public accountant, private investigator who

26  is duly licensed in this state, or a private investigative

27  agency licensed under chapter 493 and registered with the

28  Department of Banking and Finance under chapter 717. This

29  subsection is subject to the Open Government Sunset Review Act

30  of 1995 in accordance with s. 119.15, and shall stand repealed

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






    Florida Senate - 2002                            CS for SB 468
    311-1288-02




  1  October 2, 2007, unless reviewed and saved from repeal through

  2  reenactment by the Legislature.

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

  4  necessity to make confidential and exempt social security

  5  numbers and financial account numbers of apparent owners of

  6  abandoned or unclaimed property which are in the custody of

  7  the Department of Banking and Finance to prevent identity

  8  theft and related crimes. The Legislature further finds that

  9  this exemption is necessary to prevent the use of such

10  information in forged documents demonstrating entitlement to

11  abandoned or unclaimed property and thereby defrauding the

12  rightful property owner or the State School Fund.

13  Notwithstanding the public necessity to make confidential such

14  information, it is necessary to provide access to social

15  security numbers to an attorney, Florida-certified public

16  accountant, private investigator duly licensed in this state,

17  or private investigative agencies that are licensed under

18  chapter 493, Florida Statutes, and registered with the

19  Department of Banking and Finance to facilitate the location

20  and return of unclaimed property to rightful owners. The

21  Legislature further finds that attorneys, Florida-certified

22  public accountants, private investigators, and private

23  investigative agencies are subject to more stringent

24  regulation and oversight than the public as a whole. In

25  addition, such professionals are the only persons authorized

26  to file claims on behalf of apparent owners of abandoned or

27  unclaimed property pursuant to chapter 717, Florida Statutes.

28         Section 3.  This act shall take effect upon becoming a

29  law.

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    Florida Senate - 2002                            CS for SB 468
    311-1288-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 468

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  4  Limits the release of the confidential and exempt information
    to a private investigated agency that is licensed under
  5  chapter 493, F.S., and registered with the Department of
    Banking and Finance under chapter 717, F.S.
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    Eliminates the provision that reiterated that private
  7  investigative agencies would continue to receive information
    required under s. 717.118, F.S.
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    Provides that the Act becomes effective upon becoming a law,
  9  rather than October 1, 2002.

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