HB 0451 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to public records exemptions; amending s.
13	119.07, F.S.; providing an exemption from public records
14	requirements for specified personal identifying
15	information relating to a utility customer held by a
16	utility owned or operated by an agency; providing that the
17	exemption does not apply to a public officer or a member
18	of the governing board of a water management district;
19	providing for retroactive application of the exemption;
20	providing an exception to the exemption pursuant to court
21	order and under the direct supervision of the custodian of
22	the record or his or her designee; requiring reasonable
23	notice of a petition filed with the court to view or copy
24	a customer’s personal identifying information; providing
25	for future review and repeal; providing a statement of
26	public necessity; providing an effective date.
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28	Be It Enacted by the Legislature of the State of Florida:
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30	Section 1. Paragraph (gg) is added to subsection (3) of
31	section 119.07, Florida Statutes, to read:
32	119.07 Inspection, examination, and duplication of
33	records; exemptions.--
34	(3)
35	(gg)1. Personal identifying information held by a water,
36	wastewater, solid waste, natural gas, electric, cable
37	television, or telecommunications utility, owned or operated by
38	an agency, which information identifies a customer of such
39	utility is exempt from subsection (1) and s. 24(a), Art. I of
40	the State Constitution. However, this exemption does not apply
41	to the personal identifying information of a utility customer
42	who is a public officer as defined in s. 112.061(2), or who is a
43	member of the governing board of a water management district.
44	Personal identifying information includes a customer's name,
45	social security number, taxpayer identification number, address,
46	telephone number, and driver identification number. This
47	exemption applies to a customer's personal identifying
48	information held by such utility before, on, or after the
49	effective date of this exemption.
50	2.a. The court, upon a showing of good cause, may issue an
51	order authorizing any person to view or copy personal
52	identifying information held by a utility and may prescribe any
53	restrictions or stipulations that the court deems appropriate.
54	In determining good cause, the court shall consider whether such
55	disclosure is necessary for the public evaluation of
56	governmental performance; the seriousness of the intrusion into
57	the customer’s right to privacy and whether such disclosure is
58	the least intrusive means available; and the availability of
59	similar information in other public records, regardless of form.
60	In all cases, the viewing or copying of such information must be
61	under the direct supervision of the custodian of the record or
62	his or her designee.
63	b. A customer shall be given reasonable notice of a
64	petition filed with the court to view or copy a customer record,
65	a copy of such petition, and reasonable notice of the
66	opportunity to be present and heard at any hearing on the
67	matter.
68	Section 2. Paragraph (gg) of subsection (3) of s. 119.07,
69	F.S., is subject to the Open Government Sunset Review Act of
70	1995, in accordance with s. 119.15, Florida Statutes, and shall
71	stand repealed on October 2, 2008, unless reviewed and saved
72	from repeal through reenactment by the Legislature.
73	Section 3. The Legislature finds that it is a public
74	necessity that personal identifying information concerning
75	customers held by a water, wastewater, solid waste, natural gas,
76	electric, cable television, or telecommunications utility owned
77	or operated by an agency be made exempt from public disclosure
78	in order to prevent identity theft and fraud and to minimize the
79	competitive disadvantage these agencies may experience from
80	disclosure of such information. Unlike private utilities, public
81	utilities in Florida are subject to open records requirements.
82	As a result, social security numbers of customers may be
83	available to the public. A social security number is often the
84	link to an individual's financial, educational, medical, or
85	familial records. As such, obtaining a person's social security
86	number is an important part of successfully stealing an
87	identity. Closing access to social security numbers held by
88	these agencies will minimize the opportunity for identity theft.
89	Further, if taxpayer identification numbers or driver
90	identification numbers are obtained in conjunction with social
91	security numbers, not only is identity theft more possible, but
92	the opportunity for fraud and financial loss is increased. As a
93	result, the Legislature finds that it is a public necessity to
94	close records containing customer social security numbers,
95	taxpayer identification numbers, and driver identification
96	numbers which are held by a water, wastewater, solid waste,
97	natural gas, electric, cable television, or telecommunications
98	utility owned or operated by an agency. In addition to customer
99	social security numbers and taxpayer identification numbers,
100	other personal identifying information such as names, addresses
101	and telephone numbers may be obtained under public records
102	requirements from a water, wastewater, solid waste, natural gas,
103	electric, cable television, or telecommunications utility owned
104	or operated by an agency. Given the type of services these
105	businesses provide, this personal identifying information could
106	be used by competitors to identify, target, contact, and solicit
107	specific types of customers. The ability of business competitors
108	to obtain this type of information could place these public
109	service providers at a distinct competitive disadvantage and
110	could result in severe economic loss to those public entities,
111	thereby placing an increased economic burden on the less
112	profitable customers who remain with the public utility.
113	Additionally, local governments could experience declines in
114	revenue as a result, thereby causing those governments to have
115	to reduce the services that they provide to Floridians. As a
116	result, the Legislature finds that the names, addresses, and
117	telephone numbers of customers of a public water, wastewater,
118	solid waste, natural gas, electric, cable television, or
119	telecommunications utility owned or operated by an agency must
120	be exempt from the public records law.
121	Section 4. This act shall take effect upon becoming a law.