HB 7185

1
A bill to be entitled
2An act relating to procurement of contractual services by
3a state agency; amending s. 287.057, F.S.; prohibiting a
4state agency from renewing or amending a contract for
5outsourcing under certain conditions; requiring certain
6qualifications for persons chosen to conduct negotiations
7during specified procurements; requiring the Department of
8Management Services to adopt rules governing those
9qualifications; requiring that a specified statement be
10included in procurements of commodities and services which
11prohibits contact between respondents and specified
12employees of the executive and legislative branches;
13creating s. 287.0571, F.S.; creating the Florida Efficient
14Government Act; providing legislative intent; providing
15that procurements of specified commodities and services
16are not subject to the act; creating s. 287.05721, F.S.;
17providing definitions; creating s. 287.0573, F.S.;
18creating the Council on Efficient Government within the
19Department of Management Services; providing the purpose
20and membership of the council; providing duties and
21responsibilities of the council; requiring the council to
22review and issue advisory reports on certain state agency
23procurements; requiring the department to employ adequate
24number of staff; requiring the council to be headed by a
25director appointed by the Secretary of Management
26Services; requiring state agencies to submit materials
27required by the council; creating s. 287.0574, F.S.;
28providing requirements for certain business cases to
29outsource by a state agency; requiring a state agency to
30develop a business case that describes and analyzes a
31contractual services procurement under consideration;
32providing that the business case is not subject to
33challenge or protest under the Administrative Procedure
34Act; providing required components of a business case;
35providing contract requirements for an outsourcing
36procurement; amending s. 287.058, F.S.; providing that a
37contract may not prohibit a contractor from lobbying the
38executive or legislative branches concerning specified
39contract issues, within specified time lines; creating s.
40287.074, F.S.; requiring that only public officers or
41employees shall perform certain functions; prohibiting a
42contractor from participating in the procurement of
43contractual services by a state agency; repealing s.
4414.203, F.S., which creates the State Council on
45Competitive Government and provides duties and authority
46of the council; providing appropriations; providing that
47certain state agencies are subject to the act; amending s.
48119.071, F.S.; removing a cross-reference; clarifying the
49meaning of "commercial activity" to conform to the removal
50of the reference; providing an effective date.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  Paragraph (a) of subsection (14) and paragraph
55(b) of subsection (17) of section 287.057, Florida Statutes, are
56amended, and subsection (26) is added to that section, to read:
57     287.057  Procurement of commodities or contractual
58services.--
59     (14)(a)  Contracts for commodities or contractual services
60may be renewed for a period that may not exceed 3 years or the
61term of the original contract, whichever period is longer.
62Renewal of a contract for commodities or contractual services
63shall be in writing and shall be subject to the same terms and
64conditions set forth in the initial contract. If the commodity
65or contractual service is purchased as a result of the
66solicitation of bids, proposals, or replies, the price of the
67commodity or contractual service to be renewed shall be
68specified in the bid, proposal, or reply. A renewal contract may
69not include any compensation for costs associated with the
70renewal. Renewals shall be contingent upon satisfactory
71performance evaluations by the agency and subject to the
72availability of funds. Exceptional purchase contracts pursuant
73to paragraphs (5)(a) and (c) may not be renewed. With the
74exception of subsection (13), if a contract amendment results in
75a longer contract term or increased payments, a state agency may
76not renew or amend a contract for the outsourcing of a service
77or activity that has an original term value exceeding the sum of
78$10 million before submitting a written report concerning
79contract performance to the Governor, the President of the
80Senate, and the Speaker of the House of Representatives at least
8190 days before execution of the renewal or amendment.
82     (17)  For a contract in excess of the threshold amount
83provided in s. 287.017 for CATEGORY FOUR, the agency head shall
84appoint:
85     (b)  At least three persons to conduct negotiations during
86a competitive sealed reply procurement who collectively have
87experience and knowledge in negotiating contracts, contract
88procurement, and the program areas and service requirements for
89which commodities or contractual services are sought. When the
90value of a contract is in excess of $1 million in any fiscal
91year, at least one of the persons conducting negotiations must
92be certified as a contract negotiator based upon rules adopted
93by the Department of Management Services in order to ensure that
94certified contract negotiators are knowledgeable about effective
95negotiation strategies, capable of successfully implementing
96those strategies, and involved appropriately in the procurement
97process. At a minimum, the rules must address the qualifications
98required for certification, the method of certification, and the
99procedure for involving the certified negotiator. If the value
100of a contract is in excess of $10 million in any fiscal year, at
101least one of the persons conducting negotiations must be a
102Project Management Professional, as certified by the Project
103Management Institute.
104     (26)  Each solicitation for the procurement of commodities
105or contractual services shall include the following provision:
106"Respondents to this solicitation or persons acting on their
107behalf may not contact, between the release of the solicitation
108and the execution of the resulting contract, any employee or
109officer of the executive or legislative branch concerning any
110aspect of this solicitation, except in writing to the
111procurement officer or as provided in the solicitation
112documents. Violation of this provision may be grounds for
113rejecting a response."
114     Section 2.  Section 287.0571, Florida Statutes, is created
115to read:
116     287.0571  Applicability of ss. 287.0571-287.0574.--
117     (1)  Sections 287.0571-287.0574 may be cited as the
118"Florida Efficient Government Act."
119     (2)  It is the intent of the Legislature that each state
120agency focus on its core mission and deliver services
121effectively and efficiently by leveraging resources and
122contracting with private-sector vendors whenever vendors can
123more effectively and efficiently provide services and reduce the
124cost of government.
125     (3)  It is further the intent of the Legislature that
126business cases to outsource be evaluated for feasibility, cost-
127effectiveness, and efficiency before a state agency proceeds
128with any outsourcing of services.
129     (4)  Sections 287.0571-287.0574 do not apply to:
130     (a)  A procurement of commodities and contractual services
131listed in s. 287.057(5)(e), (f), and (g) and (22).
132     (b)  A procurement of contractual services subject to s.
133287.055.
134     (c)  A contract in support of the planning, development,
135implementation, operation, or maintenance of the road, bridge,
136and public transportation construction program of the Department
137of Transportation.
138     (d)  A procurement of commodities or contractual services
139which does not constitute an outsourcing of services or
140activities.
141     Section 3.  Section 287.05721, Florida Statutes, is created
142to read:
143     287.05721  Definitions.--As used in ss. 287.0571-287.0574,
144the term:
145     (1)  "Council" means the Council on Efficient Government.
146     (2)  "Outsource" means the process of contracting with a
147vendor to provide a service as defined in s. 216.011(1)(f), in
148whole or in part, or an activity as defined in s.
149216.011(1)(rr), while a state agency retains the responsibility
150and accountability for the service or activity and there is a
151transfer of management responsibility for the delivery of
152resources and the performance of those resources.
153     Section 4.  Section 287.0573, Florida Statutes, is created
154to read:
155     287.0573  Council on Efficient Government; membership;
156duties.--
157     (1)  There is created a Council on Efficient Government
158within the Department of Management Services to review,
159evaluate, and issue advisory reports on business cases submitted
160to the council as specified in this section.
161     (2)  The council shall consist of seven members appointed
162by the Governor pursuant to s. 20.052 and confirmed by the
163Senate:
164     (a)  The Secretary of Management Services, who shall serve
165as chair.
166     (b)  A Cabinet member other than the Governor, or his or
167her senior management or executive staff designee.
168     (c)  Two heads of executive branch agencies.
169     (d)  Three members from the private sector who,
170collectively, have experience with procurement, successfully
171increasing operational efficiency, and implementing complex
172projects in the private-sector business environment. A private-
173sector member of the council may not at any time during his or
174her appointment to the council be registered to lobby the
175executive or legislative branch.
176     (3)  Within 45 days after the effective date of this
177section, the Governor shall appoint two private-sector members
178and two state agency heads for terms of 1 year and one private-
179sector member and two agency heads for terms of 2 years.
180Thereafter, each member shall be appointed for a term of 2
181years. The private-sector members shall serve without
182compensation, but are entitled to reimbursement for per diem and
183travel expenses pursuant to s. 112.061.
184     (4)  A state agency member of the council may not
185participate in a council review of a business case to outsource
186if his or her state agency is conducting the proposed
187outsourcing. A private-sector member of the council may not
188participate in a council review of a business case to outsource
189if he or she has a business relationship with an entity that is
190involved or could potentially be involved in the proposed
191outsourcing.
192     (5)  A member of the council, except the Cabinet member,
193may not delegate his or her membership to a designee.
194     (6)  A quorum shall consist of at least four members,
195including at least two private-sector members.
196     (7)  Any vacancy on the council shall be filled in the same
197manner as the original appointment, and any member appointed to
198fill a vacancy occurring for a reason other than the expiration
199of a term shall serve only for the unexpired term of the
200member's predecessor.
201     (8)  The council shall:
202     (a)  Employ a standard process for reviewing business cases
203to outsource.
204     (b)  Review and evaluate business cases to outsource as
205requested by the Governor or the state agency head whose agency
206is proposing to outsource or as required by ss. 287.0571-
207287.0574 or by law.
208     (c)  No later than 30 days before a state agency's issuance
209of a solicitation of $10 million or more, provide to the agency
210conducting the procurement, the Governor, the President of the
211Senate, and the Speaker of the House of Representatives an
212advisory report for each business case reviewed and evaluated by
213the council. The report must contain all versions of the
214business case, an evaluation of the business case, any relevant
215recommendations, and sufficient information to assist the state
216agency proposing to outsource in determining whether the
217business case to outsource should be included with the
218legislative budget request.
219     (d)  Recommend and implement standard processes for state
220agency and council review, including the development of
221templates for use by state agencies in submitting business cases
222to the council, and evaluate state agency business cases to
223outsource.
224     (e)  Develop standards and best-practice procedures for use
225by state agencies in evaluating business cases to outsource.
226     (f)  Recommend standards, processes, and guidelines for use
227by state agencies in developing business cases to outsource.
228     (g)  Incorporate any lessons learned from outsourcing
229services and activities into council standards, procedures, and
230guidelines, as appropriate, and identify and disseminate to
231agencies information regarding best practices in outsourcing
232efforts.
233     (h)  Develop, in consultation with the Agency for Workforce
234Innovation, guidelines for assisting state employees whose jobs
235are eliminated as a result of outsourcing.
236     (i)  Identify and report yearly to the Legislature on
237innovative methods of delivering government services which would
238improve the efficiency, effectiveness, or competition in the
239delivery of government services, including, but not limited to,
240enterprise-wide proposals.
241     (j)  Report to the Legislature, yearly, on the outsourcing
242efforts of each state agency. Such reporting shall include, but
243need not be limited to, the number of outsourcing business cases
244and solicitations generated by each state agency, the number and
245dollar value of outsourcing contracts by each state agency, and
246the status of extensions, renewals, and amendments of state
247agency outsourcing contracts.
248     (9)  The council shall make available to the Governor and
249the Legislature minutes of all meetings, a summary report on
250each proposal that describes funding options, including the need
251for any budget amendments or new appropriations, and an annual
252report of the activities and recommendations of the council.
253     (10)  The department shall employ an adequate number of
254staff who collectively possess significant expertise and
255experience as required to carry out the responsibilities of this
256act.
257     (11)  The council shall be headed by a director appointed
258by the secretary.
259     (12)  Each state agency shall submit to the council all
260information, documents, or other materials required by the
261council or this chapter.
262     Section 5.  Section 287.0574, Florida Statutes, is created
263to read:
264     287.0574  Business cases to outsource; review and analysis;
265requirements.--
266     (1)  A business case to outsource having a projected cost
267exceeding $10 million in any fiscal year shall require:
268     (a)  An initial business case analysis conducted by the
269state agency and submitted to the council, the Governor, the
270President of the Senate, and the Speaker of the House of
271Representatives at least 60 days before a solicitation is
272issued. The council shall evaluate the business case analysis
273and submit the evaluation to the state agency, the Governor, the
274President of the Senate, and the Speaker of the House of
275Representatives when the business case evaluation is completed,
276but at least 30 days before issuing a solicitation.
277     (b)  A final business case analysis conducted by the state
278agency and submitted after the conclusion of any negotiations,
279at least 30 days before execution of a contract, to the council,
280the Governor, the President of the Senate, and the Speaker of
281the House of Representatives.
282     (2)  A proposal to outsource having a projected cost that
283ranges from $1 million to $10 million in any fiscal year shall
284require:
285     (a)  An initial business case analysis conducted by the
286state agency and submission of the business case at least 30
287days before issuing a solicitation to the council, the Governor,
288the President of the Senate, and the Speaker of the House of
289Representatives.
290     (b)  A final business case analysis conducted by the state
291agency and submitted after the conclusion of any negotiations,
292at least 30 days before execution of a contract, to the council,
293the Governor, the President of the Senate, and the Speaker of
294the House of Representatives.
295     (3)  A business case to outsource having a projected cost
296that is less than $1 million in any fiscal year shall require a
297final business case analysis conducted by the state agency after
298the conclusion of any negotiations and provided at least 30 days
299before execution of a contract to the council. The council shall
300provide such business cases in its annual report to the
301Legislature.
302     (4)  For any proposed outsourcing, the state agency shall
303develop a business case that justifies the proposal to
304outsource. In order to reduce any administrative burden, the
305council may allow a state agency to submit the business case in
306the form required by the budget instructions issued pursuant to
307s. 216.023, augmented with additional information if necessary,
308to ensure that the requirements of this section are met. The
309business case is not subject to challenge or protest pursuant to
310chapter 120. The business case must include, but need not be
311limited to:
312     (a)  A detailed description of the service or activity for
313which the outsourcing is proposed.
314     (b)  A description and analysis of the state agency's
315current performance, based on existing performance metrics if
316the state agency is currently performing the service or
317activity.
318     (c)  The goals desired to be achieved through the proposed
319outsourcing and the rationale for such goals.
320     (d)  A citation to the existing or proposed legal authority
321for outsourcing the service or activity.
322     (e)  A description of available options for achieving the
323goals.
324     (f)  An analysis of the advantages and disadvantages of
325each option, including, at a minimum, potential performance
326improvements and risks.
327     (g)  A description of the current market for the
328contractual services that are under consideration for
329outsourcing.
330     (h)  A cost-benefit analysis documenting the direct and
331indirect specific baseline costs, savings, and qualitative and
332quantitative benefits involved in or resulting from the
333implementation of the recommended option or options. Such
334analysis must specify the schedule that, at a minimum, must be
335adhered to in order to achieve the estimated savings. All
336elements of cost must be clearly identified in the cost-benefit
337analysis, described in the business case, and supported by
338applicable records and reports. The state agency head shall
339attest that, based on the data and information underlying the
340business case, to the best of his or her knowledge, all
341projected costs, savings, and benefits are valid and achievable.
342As used in this section, the term "cost" means the reasonable,
343relevant, and verifiable cost, which may include, but is not
344limited to, elements such as personnel, materials and supplies,
345services, equipment, capital depreciation, rent, maintenance and
346repairs, utilities, insurance, personnel travel, overhead, and
347interim and final payments. The appropriate elements shall
348depend on the nature of the specific initiative. As used in this
349section, the term "savings" means the difference between the
350direct and indirect actual annual baseline costs compared to the
351projected annual cost for the contracted functions or
352responsibilities in any succeeding state fiscal year during the
353term of the contract.
354     (i)  A description of differences among current state
355agency policies and processes and, as appropriate, a discussion
356of options for or a plan to standardize, consolidate, or revise
357current policies and processes, if any, to reduce the
358customization of any proposed solution that would otherwise be
359required.
360     (j)  A description of the specific performance standards
361that must, at a minimum, be met to ensure adequate performance.
362     (k)  The projected timeframe for key events from the
363beginning of the procurement process through the expiration of a
364contract.
365     (l)  A plan to ensure compliance with the public records
366law.
367     (m)  A specific and feasible contingency plan addressing
368contractor nonperformance and a description of the tasks
369involved in and costs required for its implementation.
370     (n)  A state agency's transition plan for addressing
371changes in the number of agency personnel, affected business
372processes, employee transition issues, and communication with
373affected stakeholders, such as agency clients and the public.
374The transition plan must contain a reemployment and retraining
375assistance plan for employees who are not retained by the state
376agency or employed by the contractor.
377     (o)  A plan for ensuring access by persons with
378disabilities in compliance with applicable state and federal
379law.
380     (p)  A description of legislative and budgetary actions
381necessary to accomplish the proposed outsourcing.
382     (5)  In addition to the contract requirements provided in
383s. 287.058, each contract resulting from an outsourcing must
384include, but need not be limited to:
385     (a)  A detailed scope of work which clearly specifies each
386service or activity to be provided, including a description of
387each deliverable that is quantifiable, measurable, and
388verifiable.
389     (b)  A service-level agreement describing all services to
390be provided under the terms of the agreement, the state agency's
391service requirements and performance objectives, and specific
392responsibilities of the state agency and the contractor.
393     (c)  Associated costs, specific payment terms and payment
394schedules, including incentive and financial disincentive
395provisions, and criteria governing payment.
396     (d)  A clear and specific transition implementation
397schedule that will be implemented in order to complete all
398required activities needed to transfer the service or activity
399from the state agency to the contractor and operate the service
400or activity successfully.
401     (e)  Clear and specific identification of all required
402performance standards, which must include, at a minimum:
403     1.  Detailed measurable acceptance criteria for each
404deliverable and service to be provided to the state agency under
405the terms of the contract for outsourcing which document the
406required performance level.
407     2.  A method for monitoring and reporting progress in
408achieving specified performance standards and levels.
409     3.  The sanctions or disincentives that shall be imposed
410for nonperformance by the contractor or state agency.
411     (f)  A requirement that the contractor maintain adequate
412accounting records that comply with all applicable federal and
413state laws and generally accepted accounting principles.
414     (g)  A requirement authorizing state access to and audit of
415all records related to the contract or any responsibilities or
416functions under the contract for state audit and legislative
417oversight purposes.
418     (h)  A requirement for service organization audits in
419accordance with professional auditing standards, if appropriate.
420     (i)  A requirement that the contractor interview and
421consider for employment with the contractor each displaced state
422employee who is interested in such employment.
423     (j)  A contingency plan that describes the mechanism for
424continuing the operation of the service or activity if the
425contractor fails to perform and comply with the performance
426standards and levels of the contract and the contract is
427terminated.
428     Section 6.  Subsection (6) is added to section 287.058,
429Florida Statutes, to read:
430     287.058  Contract document.--
431     (6)  A contract may not prohibit a contractor from lobbying
432the executive or legislative branch concerning the scope of
433services, performance, term, or compensation regarding any
434contract to which the contractor and a state agency are parties,
435after contract execution and during the contract term. The
436provisions of this subsection are supplemental to the provisions
437of ss. 11.062 and 216.347 and any other law prohibiting the use
438of state funds for lobbying purposes.
439     Section 7.  Section 287.074, Florida Statutes, is created
440to read:
441     287.074  Prohibited actions by contractor personnel.--
442     (1)  Only a public officer or a public employee upon whom
443the public officer has delegated authority shall, consistent
444with law, take actions, including, but not limited to:
445     (a)  Selecting state employees;
446     (b)  Approving position descriptions, performance
447standards, or salary adjustments for state employees; and
448     (c)  Hiring, promoting, disciplining, demoting, and
449dismissing a state employee.
450     (2)  Only a public officer shall, consistent with law,
451commission and appoint state officers.
452     Section 8.  A contractor, as defined in chapter 287,
453Florida Statutes, or its employees, agents, or subcontractors,
454may not knowingly participate, through decision, approval,
455disapproval, or preparation of any part of a purchase request,
456investigation, or audit, in the procurement of commodities or
457contractual services by a state agency from an entity in which
458the contractor, or its employees, agents, or subcontractors, has
459a material interest.
460     Section 9.  Section 14.203, Florida Statutes, is repealed.
461     Section 10.  For the 2006-2007 fiscal year, the sum of
462$1.25 million in recurring funds from the General Revenue Fund
463in a qualified expenditure category is appropriated and 10 full-
464time equivalent positions are authorized to the Department of
465Management Services to carry out the activities of the Council
466on Efficient Government as provided in this act.
467     Section 11.  The Department of Management Services may
468implement a program to train state agency employees who are
469involved in managing outsourcings as Project Management
470Professionals, as certified by the Project Management Institute.
471For the 2006-2007 fiscal year, the sum of $500,000 in recurring
472funds from the General Revenue Fund is appropriated to the
473Department of Management Services to implement this program. The
474Department of Management Services, in consultation with entities
475subject to this act, shall identify personnel to participate in
476this training based on requested need and ensure that each
477agency is represented. The Department of Management Services may
478remit payment for this training on behalf of all participating
479personnel.
480     Section 12.  Notwithstanding any law to the contrary, a
481state agency under the individual control of the Attorney
482General, the Chief Financial Officer, or the Commissioner of
483Agriculture are subject to this act.
484     Section 13.  Paragraph (a) of subsection (5) of section
485119.071, Florida Statutes, is amended to read:
486     119.071  General exemptions from inspection or copying of
487public records.--
488     (5)  OTHER PERSONAL INFORMATION.--
489     (a)1.  The Legislature acknowledges that the social
490security number was never intended to be used for business
491purposes but was intended to be used solely for the
492administration of the federal Social Security System. The
493Legislature is further aware that over time this unique numeric
494identifier has been used extensively for identity verification
495purposes and other legitimate consensual purposes. The
496Legislature is also cognizant of the fact that the social
497security number can be used as a tool to perpetuate fraud
498against a person and to acquire sensitive personal, financial,
499medical, and familial information, the release of which could
500cause great financial or personal harm to an individual. The
501Legislature intends to monitor the commercial use of social
502security numbers held by state agencies in order to maintain a
503balanced public policy.
504     2.  An agency shall not collect an individual's social
505security number unless authorized by law to do so or unless the
506collection of the social security number is otherwise imperative
507for the performance of that agency's duties and responsibilities
508as prescribed by law. Social security numbers collected by an
509agency must be relevant to the purpose for which collected and
510shall not be collected until and unless the need for social
511security numbers has been clearly documented. An agency that
512collects social security numbers shall also segregate that
513number on a separate page from the rest of the record, or as
514otherwise appropriate, in order that the social security number
515be more easily redacted, if required, pursuant to a public
516records request. An agency collecting a person's social security
517number shall, upon that person's request, at the time of or
518prior to the actual collection of the social security number by
519that agency, provide that person with a statement of the purpose
520or purposes for which the social security number is being
521collected and used. Social security numbers collected by an
522agency shall not be used by that agency for any purpose other
523than the purpose stated. Social security numbers collected by an
524agency prior to May 13, 2002, shall be reviewed for compliance
525with this subparagraph. If the collection of a social security
526number prior to May 13, 2002, is found to be unwarranted, the
527agency shall immediately discontinue the collection of social
528security numbers for that purpose.
529     3.  Effective October 1, 2002, all social security numbers
530held by an agency are confidential and exempt from s. 119.07(1)
531and s. 24(a), Art. I of the State Constitution. This exemption
532applies to all social security numbers held by an agency before,
533on, or after the effective date of this exemption.
534     4.  Social security numbers may be disclosed to another
535governmental entity or its agents, employees, or contractors if
536disclosure is necessary for the receiving entity to perform its
537duties and responsibilities. The receiving governmental entity
538and its agents, employees, and contractors shall maintain the
539confidential and exempt status of such numbers.
540     5.  An agency shall not deny a commercial entity engaged in
541the performance of a commercial activity, which, for purposes of
542this section, means an activity that provides a product or
543service that is available from a private source, as defined in
544s. 14.203 or its agents, employees, or contractors access to
545social security numbers, provided the social security numbers
546will be used only in the normal course of business for
547legitimate business purposes, and provided the commercial entity
548makes a written request for social security numbers, verified as
549provided in s. 92.525, legibly signed by an authorized officer,
550employee, or agent of the commercial entity. The verified
551written request must contain the commercial entity's name,
552business mailing and location addresses, business telephone
553number, and a statement of the specific purposes for which it
554needs the social security numbers and how the social security
555numbers will be used in the normal course of business for
556legitimate business purposes. The aggregate of these requests
557shall serve as the basis for the agency report required in
558subparagraph 8. An agency may request any other information
559reasonably necessary to verify the identity of the entity
560requesting the social security numbers and the specific purposes
561for which such numbers will be used; however, an agency has no
562duty to inquire beyond the information contained in the verified
563written request. A legitimate business purpose includes
564verification of the accuracy of personal information received by
565a commercial entity in the normal course of its business; use in
566a civil, criminal, or administrative proceeding; use for
567insurance purposes; use in law enforcement and investigation of
568crimes; use in identifying and preventing fraud; use in
569matching, verifying, or retrieving information; and use in
570research activities. A legitimate business purpose does not
571include the display or bulk sale of social security numbers to
572the general public or the distribution of such numbers to any
573customer that is not identifiable by the distributor.
574     6.  Any person who makes a false representation in order to
575obtain a social security number pursuant to this paragraph, or
576any person who willfully and knowingly violates this paragraph,
577commits a felony of the third degree, punishable as provided in
578s. 775.082 or s. 775.083. Any public officer who violates this
579paragraph is guilty of a noncriminal infraction, punishable by a
580fine not exceeding $500. A commercial entity that provides
581access to public records containing social security numbers in
582accordance with this paragraph is not subject to the penalty
583provisions of this subparagraph.
584     7.a.  On or after October 1, 2002, a person preparing or
585filing a document to be recorded in the official records by the
586county recorder as provided for in chapter 28 may not include
587any person's social security number in that document, unless
588otherwise expressly required by law. If a social security number
589is or has been included in a document presented to the county
590recorder for recording in the official records of the county
591before, on, or after October 1, 2002, it may be made available
592as part of the official record available for public inspection
593and copying.
594     b.  Any person, or his or her attorney or legal guardian,
595has the right to request that a county recorder remove, from an
596image or copy of an official record placed on a county
597recorder's publicly available Internet website or a publicly
598available Internet website used by a county recorder to display
599public records or otherwise made electronically available to the
600general public by such recorder, his or her social security
601number contained in that official record. Such request must be
602made in writing, legibly signed by the requester and delivered
603by mail, facsimile, or electronic transmission, or delivered in
604person, to the county recorder. The request must specify the
605identification page number that contains the social security
606number to be redacted. The county recorder has no duty to
607inquire beyond the written request to verify the identity of a
608person requesting redaction. A fee shall not be charged for the
609redaction of a social security number pursuant to such request.
610     c.  A county recorder shall immediately and conspicuously
611post signs throughout his or her offices for public viewing and
612shall immediately and conspicuously post, on any Internet
613website or remote electronic site made available by the county
614recorder and used for the ordering or display of official
615records or images or copies of official records, a notice
616stating, in substantially similar form, the following:
617     (I)  On or after October 1, 2002, any person preparing or
618filing a document for recordation in the official records may
619not include a social security number in such document, unless
620required by law.
621     (II)  Any person has a right to request a county recorder
622to remove, from an image or copy of an official record placed on
623a county recorder's publicly available Internet website or on a
624publicly available Internet website used by a county recorder to
625display public records or otherwise made electronically
626available to the general public, any social security number
627contained in an official record. Such request must be made in
628writing and delivered by mail, facsimile, or electronic
629transmission, or delivered in person, to the county recorder.
630The request must specify the identification page number that
631contains the social security number to be redacted. No fee will
632be charged for the redaction of a social security number
633pursuant to such a request.
634     d.  Until January 1, 2007, if a social security number,
635made confidential and exempt pursuant to this paragraph, or a
636complete bank account, debit, charge, or credit card number made
637exempt pursuant to paragraph (b) is or has been included in a
638court file, such number may be included as part of the court
639record available for public inspection and copying unless
640redaction is requested by the holder of such number, or by the
641holder's attorney or legal guardian, in a signed, legibly
642written request specifying the case name, case number, document
643heading, and page number. The request must be delivered by mail,
644facsimile, electronic transmission, or in person to the clerk of
645the circuit court. The clerk of the circuit court does not have
646a duty to inquire beyond the written request to verify the
647identity of a person requesting redaction. A fee may not be
648charged for the redaction of a social security number or a bank
649account, debit, charge, or credit card number pursuant to such
650request.
651     e.  Any person who prepares or files a document to be
652recorded in the official records by the county recorder as
653provided in chapter 28 may not include a person's social
654security number or complete bank account, debit, charge, or
655credit card number in that document unless otherwise expressly
656required by law. Until January 1, 2007, if a social security
657number or a complete bank account, debit, charge, or credit card
658number is or has been included in a document presented to the
659county recorder for recording in the official records of the
660county, such number may be made available as part of the
661official record available for public inspection and copying. Any
662person, or his or her attorney or legal guardian, may request
663that a county recorder remove from an image or copy of an
664official record placed on a county recorder's publicly available
665Internet website, or a publicly available Internet website used
666by a county recorder to display public records outside the
667office or otherwise made electronically available outside the
668county recorder's office to the general public, his or her
669social security number or complete account, debit, charge, or
670credit card number contained in that official record. Such
671request must be legibly written, signed by the requester, and
672delivered by mail, facsimile, electronic transmission, or in
673person to the county recorder. The request must specify the
674identification page number of the document that contains the
675number to be redacted. The county recorder does not have a duty
676to inquire beyond the written request to verify the identity of
677a person requesting redaction. A fee may not be charged for
678redacting such numbers.
679     f.  Subparagraphs 2. and 3. do not apply to the clerks of
680the court or the county recorder with respect to circuit court
681records and official records.
682     g.  On January 1, 2007, and thereafter, the clerk of the
683circuit court and the county recorder must keep complete bank
684account, debit, charge, and credit card numbers exempt as
685provided for in paragraph (b), and must keep social security
686numbers confidential and exempt as provided for in subparagraph
6873., without any person having to request redaction.
688     8.  Beginning January 31, 2004, and each January 31
689thereafter, every agency must file a report with the Secretary
690of State, the President of the Senate, and the Speaker of the
691House of Representatives listing the identity of all commercial
692entities that have requested social security numbers during the
693preceding calendar year and the specific purpose or purposes
694stated by each commercial entity regarding its need for social
695security numbers. If no disclosure requests were made, the
696agency shall so indicate.
697     9.  Any affected person may petition the circuit court for
698an order directing compliance with this paragraph.
699     10.  This paragraph does not supersede any other applicable
700public records exemptions existing prior to May 13, 2002, or
701created thereafter.
702     11.  This paragraph is subject to the Open Government
703Sunset Review Act in accordance with s. 119.15 and shall stand
704repealed October 2, 2007, unless reviewed and saved from repeal
705through reenactment by the Legislature.
706     Section 14.  This act shall take effect upon becoming a
707law.


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