Senate Bill sb0304c2

    Florida Senate - 2003                     CS for CS for SB 304

    By the Committees on Governmental Oversight and Productivity;
    Comprehensive Planning; and Senator Argenziano




    302-2397-03

  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         amending s. 119.07, F.S.; providing an

  4         exemption from public-records requirements for

  5         specified personal identifying information

  6         relating to a utility customer held by a

  7         utility owned or operated by an agency;

  8         providing for retroactive application of the

  9         exemption; providing for future legislative

10         review and repeal; providing a statement of

11         public necessity; providing an effective date.

12  

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

14  

15         Section 1.  Paragraph (gg) is added to subsection (3)

16  of section 119.07, Florida Statutes, to read:

17         119.07  Inspection, examination, and duplication of

18  records; exemptions.--

19         (3)

20         (gg)  Personal identifying information held by a water,

21  wastewater, solid waste, natural gas, electric, or cable

22  television utility owned or operated by an agency, which

23  information identifies a customer of such utility, is exempt

24  from subsection (1) and s. 24(a), Art. I of the State

25  Constitution. However, this exemption does not apply to the

26  personal identifying information of a utility customer who is

27  a public officer, as defined in s. 112.061(2), or who is a

28  member of a governing board of a water management district

29  unless such information is exempt or confidential pursuant to

30  another section of law. Personal identifying information

31  includes a customer's name; social security number; taxpayer

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    Florida Senate - 2003                     CS for CS for SB 304
    302-2397-03




 1  identification number; address; telephone number; and driver

 2  identification number. This exemption applies to a customer's

 3  personal identifying information held by such utility before,

 4  on, or after the effective date of this exemption. The court,

 5  upon a showing of good cause, may issue an order authorizing

 6  any person to view or copy personal identifying information

 7  held by a utility and may prescribe any restrictions or

 8  stipulations that the court deems appropriate. In determining

 9  good cause, the court shall consider whether such disclosure

10  is necessary for the public evaluation of governmental

11  performance; the seriousness of the intrusion into the

12  customer's right to privacy and whether such disclosure is the

13  least intrusive means available; and the availability of

14  similar information in other public records, regardless of

15  form. The viewing or copying of such information must be under

16  the direct supervision of the custodian of the record or the

17  custodian's designee. A customer shall be given reasonable

18  notice of a petition filed with the court to view or copy a

19  customer record, a copy of such petition, and reasonable

20  notice of the opportunity to be present and heard at any

21  hearing on the matter. This paragraph is subject to the Open

22  Government Sunset Review Act of 1995, in accordance with s.

23  119.15, and shall stand repealed on October 2, 2008, unless

24  reviewed and saved from repeal through reenactment by the

25  Legislature.

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

27  necessity that personal identifying information concerning

28  customers held by a water, wastewater, solid waste, natural

29  gas, electric, or cable television utility owned or operated

30  by an agency be made exempt from public disclosure in order to

31  prevent identity theft and fraud and to minimize the

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    Florida Senate - 2003                     CS for CS for SB 304
    302-2397-03




 1  competitive disadvantage these agencies may experience from

 2  disclosure of such information. Unlike private utilities,

 3  public utilities in Florida are subject to open records

 4  requirements. As a result, social security numbers of

 5  customers may be available to the public. A social security

 6  number is often the link to an individual's financial,

 7  educational, medical, or familial records. As such, obtaining

 8  a person's social security number is an important part of

 9  successfully stealing an identity. Closing access to social

10  security numbers held by these agencies will minimize the

11  opportunity for identity theft. Further, if taxpayer or driver

12  identification numbers are obtained in conjunction with social

13  security numbers, not only is identity theft more possible,

14  but the opportunity for fraud and financial loss is increased.

15  As a result, the Legislature finds that it is a public

16  necessity to close records containing customer social security

17  numbers and taxpayer identification numbers which are held by

18  a water, wastewater, solid waste, natural gas, electric, or

19  cable television utility owned or operated by an agency. In

20  addition to customer social security numbers and taxpayer

21  identification numbers, other personal identifying

22  information, such as names, addresses and telephone numbers,

23  may be obtained under public records requirements from a

24  water, wastewater, solid waste, natural gas, electric, or

25  cable television utility owned or operated by an agency. Given

26  the type of services these businesses provide, this personal

27  identifying information could be used by competitors to

28  identify, target, contact, and solicit specific types of

29  customers. The ability of business competitors to obtain this

30  type of information could place these public service providers

31  at a distinct competitive disadvantage and could result in

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    Florida Senate - 2003                     CS for CS for SB 304
    302-2397-03




 1  severe economic loss to those public entities, thereby placing

 2  an increased economic burden on the less profitable customers

 3  who remain with the public utility. Additionally, local

 4  governments could experience declines in revenue as a result,

 5  thereby causing those governments to have to reduce the

 6  services that they provide to Floridians. As a result, the

 7  Legislature finds that the names, addresses, and telephone

 8  numbers of customers of a public water, wastewater, solid

 9  waste, natural gas, electric, or cable television utility

10  owned or operated by an agency must be exempt from the

11  public-records law.

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

13  law.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                            CS/SB 304

17                                 

18  Removes telecommunications utilities from the bill.

19  Provides that personal identifying information of public
    officers and board members of water management district are
20  not protected under the provision, but still protects that
    information pursuant to other sections of law.
21  
    Permits access to information under court order and pursuant
22  to certain restrictions.

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