Senate Bill sb1348
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    Florida Senate - 2007                                  SB 1348
    By the Committee on Judiciary
    590-1036-07
  1                      A bill to be entitled
  2         An act relating to a review under the Open
  3         Government Sunset Review Act; amending s.
  4         119.071, F.S., relating to exemptions for
  5         public-records requirements for social security
  6         and financial account numbers held by clerks of
  7         the circuit court and county recorders;
  8         clarifying provisions requiring that the county
  9         recorder use his or her best efforts to redact
10         such information after January 1, 2008;
11         providing that the term "agency" includes a
12         unit of local government for purposes of
13         complying with an exemption provided for
14         financial account numbers; saving the
15         exemptions from repeal under the Open
16         Government Sunset Review Act; deleting
17         provisions that provide for the repeal of the
18         exemptions; amending s. 215.322, F.S., relating
19         to authorization for certain public bodies to
20         accept payment by credit cards, charge cards,
21         and debit cards; deleting provisions providing
22         an exemption from public-records requirements
23         for account numbers concerning such cards when
24         held by an agency, unit of local government, or
25         the judicial branch in order to conform to
26         changes made by the act; providing an effective
27         date.
28  
29  Be It Enacted by the Legislature of the State of Florida:
30  
31  
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 1         Section 1.  Paragraphs (a) and (b) of subsection (5) of
 2  section 119.071, Florida Statutes, are amended to read:
 3         119.071  General exemptions from inspection or copying
 4  of public records.--
 5         (5)  OTHER PERSONAL INFORMATION.--
 6         (a)1.  The Legislature acknowledges that the social
 7  security number was never intended to be used for business
 8  purposes but was intended to be used solely for the
 9  administration of the federal Social Security System. The
10  Legislature is further aware that over time this unique
11  numeric identifier has been used extensively for identity
12  verification purposes and other legitimate consensual
13  purposes. The Legislature is also cognizant of the fact that
14  the social security number can be used as a tool to perpetuate
15  fraud against a person and to acquire sensitive personal,
16  financial, medical, and familial information, the release of
17  which could cause great financial or personal harm to an
18  individual. The Legislature intends to monitor the commercial
19  use of social security numbers held by state agencies in order
20  to maintain a balanced public policy.
21         2.  An agency may not collect an individual's social
22  security number unless authorized by law to do so or unless
23  the collection of the social security number is otherwise
24  imperative for the performance of that agency's duties and
25  responsibilities as prescribed by law. Social security numbers
26  collected by an agency must be relevant to the purpose for
27  which collected and may not be collected until and unless the
28  need for social security numbers has been clearly documented.
29  An agency that collects social security numbers shall also
30  segregate that number on a separate page from the rest of the
31  record, or as otherwise appropriate, in order that the social
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 1  security number be more easily redacted, if required, pursuant
 2  to a public records request. An agency collecting a person's
 3  social security number shall, upon that person's request, at
 4  the time of or prior to the actual collection of the social
 5  security number by that agency, provide that person with a
 6  statement of the purpose or purposes for which the social
 7  security number is being collected and used. Social security
 8  numbers collected by an agency may not be used by that agency
 9  for any purpose other than the purpose stated. Social security
10  numbers collected by an agency before May 13, 2002, shall be
11  reviewed for compliance with this subparagraph. If the
12  collection of a social security number before May 13, 2002, is
13  found to be unwarranted, the agency shall immediately
14  discontinue the collection of social security numbers for that
15  purpose.
16         3.  Effective October 1, 2002, all social security
17  numbers held by an agency are confidential and exempt from s.
18  119.07(1) and s. 24(a), Art. I of the State Constitution. This
19  exemption applies to all social security numbers held by an
20  agency before, on, or after the effective date of this
21  exemption.
22         4.  Social security numbers may be disclosed to another
23  governmental entity or its agents, employees, or contractors
24  if disclosure is necessary for the receiving entity to perform
25  its duties and responsibilities. The receiving governmental
26  entity and its agents, employees, and contractors shall
27  maintain the confidential and exempt status of the numbers.
28         5.  An agency may not deny a commercial entity engaged
29  in the performance of a commercial activity, which, for
30  purposes of this paragraph, means an activity that provides a
31  product or service that is available from a private source, or
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 1  its agents, employees, or contractors access to social
 2  security numbers, provided the social security numbers will be
 3  used only in the normal course of business for legitimate
 4  business purposes, and provided the commercial entity makes a
 5  written request for social security numbers, verified as
 6  provided in s. 92.525, legibly signed by an authorized
 7  officer, employee, or agent of the commercial entity. The
 8  verified written request must contain the commercial entity's
 9  name, business mailing and location addresses, business
10  telephone number, and a statement of the specific purposes for
11  which it needs the social security numbers and how the social
12  security numbers will be used in the normal course of business
13  for legitimate business purposes. The aggregate of these
14  requests shall serve as the basis for the agency report
15  required in subparagraph 8. An agency may request any other
16  information reasonably necessary to verify the identity of the
17  entity requesting the social security numbers and the specific
18  purposes for which the numbers will be used; however, an
19  agency has no duty to inquire beyond the information contained
20  in the verified written request. A legitimate business purpose
21  includes verification of the accuracy of personal information
22  received by a commercial entity in the normal course of its
23  business; use in a civil, criminal, or administrative
24  proceeding; use for insurance purposes; use in law enforcement
25  and investigation of crimes; use in identifying and preventing
26  fraud; use in matching, verifying, or retrieving information;
27  and use in research activities. A legitimate business purpose
28  does not include the display or bulk sale of social security
29  numbers to the general public or the distribution of such
30  numbers to any customer that is not identifiable by the
31  distributor.
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 1         6.  Any person who makes a false representation in
 2  order to obtain a social security number pursuant to this
 3  paragraph, or any person who willfully and knowingly violates
 4  this paragraph, commits a felony of the third degree,
 5  punishable as provided in s. 775.082 or s. 775.083. Any public
 6  officer who violates this paragraph is guilty of a noncriminal
 7  infraction, punishable by a fine not exceeding $500. A
 8  commercial entity that provides access to public records
 9  containing social security numbers in accordance with this
10  paragraph is not subject to the penalty provisions of this
11  subparagraph.
12         7.a.  Any person who prepares or files a document to be
13  recorded in the official records by the county recorder as
14  provided in chapter 28 may not include a person's social
15  security number or complete bank account, debit, charge, or
16  credit card number in that document unless otherwise expressly
17  required by law. Until January 1, 2008, if a social security
18  number or a complete bank account, debit, charge, or credit
19  card number is or has been included in a document presented to
20  the county recorder for recording in the official records of
21  the county, such number may be made available as part of the
22  official record available for public inspection and copying.
23  On or after October 1, 2002, a person preparing or filing a
24  document to be recorded in the official records by the county
25  recorder as provided for in chapter 28 may not include any
26  person's social security number in that document, unless
27  otherwise expressly required by law. If a social security
28  number is or has been included in a document presented to the
29  county recorder for recording in the official records of the
30  county before, on, or after October 1, 2002, it may be made
31  
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 1  available as part of the official record available for public
 2  inspection and copying.
 3         b.  Any person, or his or her attorney or legal
 4  guardian, may has the right to request that a county recorder
 5  remove, from an image or copy of an official record placed on
 6  a county recorder's publicly available Internet website, or a
 7  publicly available Internet website used by a county recorder
 8  to display public records outside the office or otherwise made
 9  electronically available outside the county recorder's office
10  to the general public by such recorder, his or her social
11  security number or complete bank account, debit, charge, or
12  credit card number contained in that official record. Such The
13  request must be legibly written made in writing, legibly
14  signed by the requester, and delivered by mail, facsimile, or
15  electronic transmission, or delivered in person, to the county
16  recorder. The request must specify the identification page
17  number of the document that contains the social security
18  number to be redacted. The county recorder does not have a has
19  no duty to inquire beyond the written request to verify the
20  identity of a person requesting redaction. A fee may not be
21  charged for redacting such numbers the redaction of a social
22  security number pursuant to such request. If the county
23  recorder accepts or stores official records in an electronic
24  format, effective January 1, 2008, the county recorder must
25  use his or her best efforts to redact all social security
26  numbers and complete bank account, debit, charge, or credit
27  card numbers from electronic copies of the official record.
28  The use of an automated program for redaction shall be deemed
29  the best effort and complies with the requirements of this
30  sub-subparagraph. The county recorder is not liable for the
31  inadvertent release of confidential and exempt social security
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 1  numbers, or exempt bank account, debit, charge, or credit card
 2  numbers, filed with the county recorder on or before January
 3  1, 2008.
 4         c.  A county recorder shall immediately and
 5  conspicuously post signs throughout his or her offices for
 6  public viewing and shall immediately and conspicuously post,
 7  on any Internet website or remote electronic site made
 8  available by the county recorder and used for the ordering or
 9  display of official records or images or copies of official
10  records, a notice stating, in substantially similar form, the
11  following:
12         (I)  On or after October 1, 2002, any person preparing
13  or filing a document for recordation in the official records
14  may not include a social security number in such document,
15  unless required by law.
16         (II)  Any person has a right to request a county
17  recorder to remove, from an image or copy of an official
18  record placed on a county recorder's publicly available
19  Internet website or on a publicly available Internet website
20  used by a county recorder to display public records or
21  otherwise made electronically available to the general public,
22  any social security number contained in an official record.
23  Such request must be made in writing and delivered by mail,
24  facsimile, or electronic transmission, or delivered in person,
25  to the county recorder. The request must specify the
26  identification page number that contains the social security
27  number to be redacted. A fee may not be charged for the
28  redaction of a social security number pursuant to such a
29  request.
30         d.  Until January 1, 2008, if a social security number,
31  made confidential and exempt pursuant to this paragraph, or a
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 1  complete bank account, debit, charge, or credit card number
 2  made exempt pursuant to paragraph (b) is or has been included
 3  in a court file, such number may be included as part of the
 4  court record available for public inspection and copying
 5  unless redaction is requested by the holder of such number, or
 6  by the holder's attorney or legal guardian, in a signed,
 7  legibly written request specifying the case name, case number,
 8  document heading, and page number. The request must be
 9  delivered by mail, facsimile, electronic transmission, or in
10  person to the clerk of the circuit court. The clerk of the
11  circuit court does not have a duty to inquire beyond the
12  written request to verify the identity of a person requesting
13  redaction. A fee may not be charged for the redaction of a
14  social security number or a bank account, debit, charge, or
15  credit card number pursuant to such request. The clerk of the
16  circuit court has no liability for the inadvertent release of
17  confidential and exempt social security numbers or exempt bank
18  account, debit, charge, or credit card numbers, unknown to the
19  clerk of the circuit court in court records filed with the
20  clerk of the circuit court on or before January 1, 2008.
21         e.  Any person who prepares or files a document to be
22  recorded in the official records by the county recorder as
23  provided in chapter 28 may not include a person's social
24  security number or complete bank account, debit, charge, or
25  credit card number in that document unless otherwise expressly
26  required by law. Until January 1, 2008, if a social security
27  number or a complete bank account, debit, charge, or credit
28  card number is or has been included in a document presented to
29  the county recorder for recording in the official records of
30  the county, such number may be made available as part of the
31  official record available for public inspection and copying.
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 1  Any person, or his or her attorney or legal guardian, may
 2  request that a county recorder remove from an image or copy of
 3  an official record placed on a county recorder's publicly
 4  available Internet website, or a publicly available Internet
 5  website used by a county recorder to display public records
 6  outside the office or otherwise made electronically available
 7  outside the county recorder's office to the general public,
 8  his or her social security number or complete account, debit,
 9  charge, or credit card number contained in that official
10  record. Such request must be legibly written, signed by the
11  requester, and delivered by mail, facsimile, electronic
12  transmission, or in person to the county recorder. The request
13  must specify the identification page number of the document
14  that contains the number to be redacted. The county recorder
15  does not have a duty to inquire beyond the written request to
16  verify the identity of a person requesting redaction. A fee
17  may not be charged for redacting such numbers. If the county
18  recorder accepts or stores official records in an electronic
19  format, the county recorder must use his or her best efforts
20  to redact all social security numbers and complete bank
21  account, debit, charge, or credit card numbers from electronic
22  copies of the official record. The use of an automated program
23  for redaction shall be deemed the best effort and complies
24  with the requirements of this sub-subparagraph. The county
25  recorder is not liable for the inadvertent release of
26  confidential and exempt social security numbers, or exempt
27  bank account, debit, charge, or credit card numbers, filed
28  with the county recorder on or before January 1, 2008.
29         e.f.  Subparagraphs 5. and 6. do not apply to the
30  clerks of the court or the county recorder with respect to
31  circuit court records and official records.
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 1         f.g.  On January 1, 2008, and thereafter, the clerk of
 2  the circuit court and the county recorder must keep complete
 3  bank account, debit, charge, and credit card numbers exempt as
 4  provided for in paragraph (b), and must keep social security
 5  numbers confidential and exempt as provided for in
 6  subparagraph 3., without any person having to request
 7  redaction.
 8         8.  Beginning January 31, 2004, and each January 31
 9  thereafter, every agency must file a report with the Secretary
10  of State, the President of the Senate, and the Speaker of the
11  House of Representatives listing the identity of all
12  commercial entities that have requested social security
13  numbers during the preceding calendar year and the specific
14  purpose or purposes stated by each commercial entity regarding
15  its need for social security numbers. If no disclosure
16  requests were made, the agency shall so indicate.
17         9.  Any affected person may petition the circuit court
18  for an order directing compliance with this paragraph.
19         10.  This paragraph does not supersede any other
20  applicable public records exemptions existing prior to May 13,
21  2002, or created thereafter.
22         11.  This paragraph is subject to the Open Government
23  Sunset Review Act in accordance with s. 119.15 and shall stand
24  repealed October 2, 2007, unless reviewed and saved from
25  repeal through reenactment by the Legislature.
26         (b)  Bank account numbers and debit, charge, and credit
27  card numbers held by an agency are exempt from s. 119.07(1)
28  and s. 24(a), Art. I of the State Constitution. This exemption
29  applies to bank account numbers and debit, charge, and credit
30  card numbers held by an agency before, on, or after the
31  effective date of this exemption. For purposes of this
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 1  paragraph, the term "agency," as defined in s. 119.011,
 2  includes a unit of local government as defined in s. 215.322.
 3  This paragraph is subject to the Open Government Sunset Review
 4  Act in accordance with s. 119.15 and shall stand repealed on
 5  October 2, 2007, unless reviewed and saved from repeal through
 6  reenactment by the Legislature.
 7         Section 2.  Section 215.322, Florida Statutes, is
 8  amended to read:
 9         215.322  Acceptance of credit cards, charge cards, or
10  debit cards by state agencies, units of local government, and
11  the judicial branch.--
12         (1)  It is the intent of the Legislature to encourage
13  state agencies, the judicial branch and units of local
14  government to make their goods, services, and information more
15  convenient to the public through the acceptance of payments by
16  credit cards, charge cards, and debit cards to the maximum
17  extent practicable when the benefits to the participating
18  agency and the public substantiate the cost of accepting these
19  types of payments.
20         (2)  A state agency as defined in s. 216.011, or the
21  judicial branch, may accept credit cards, charge cards, or
22  debit cards in payment for goods and services with the prior
23  approval of the Chief Financial Officer. When the Internet or
24  other related electronic methods are to be used as the
25  collection medium, the State Technology Office shall review
26  and recommend to the Chief Financial Officer whether to
27  approve the request with regard to the process or procedure to
28  be used.
29         (3)  The Chief Financial Officer shall adopt rules
30  governing the establishment and acceptance of credit cards,
31  
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 1  charge cards, or debit cards by state agencies or the judicial
 2  branch, including, but not limited to, the following:
 3         (a)  Utilization of a standardized contract between the
 4  financial institution or other appropriate intermediaries and
 5  the agency or judicial branch which shall be developed by the
 6  Chief Financial Officer or approval by the Chief Financial
 7  Officer of a substitute agreement.
 8         (b)  Procedures which permit an agency or officer
 9  accepting payment by credit card, charge card, or debit card
10  to impose a convenience fee upon the person making the
11  payment. However, the total amount of such convenience fees
12  shall not exceed the total cost to the state agency. A
13  convenience fee is not refundable to the payor.
14  Notwithstanding the foregoing, this section shall not be
15  construed to permit surcharges on any other credit card
16  purchase in violation of s. 501.0117.
17         (c)  All service fees payable pursuant to this section
18  when practicable shall be invoiced and paid by state warrant
19  or such other manner that is satisfactory to the Chief
20  Financial Officer in accordance with the time periods
21  specified in s. 215.422.
22         (d)  Submission of information to the Chief Financial
23  Officer concerning the acceptance of credit cards, charge
24  cards, or debit cards by all state agencies or the judicial
25  branch.
26         (e)  A methodology for agencies to use when completing
27  the cost-benefit analysis referred to in subsection (1). The
28  methodology must consider all quantifiable cost reductions,
29  other benefits to the agency, and potential impact on general
30  revenue. The methodology must also consider nonquantifiable
31  benefits such as the convenience to individuals and businesses
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 1  that would benefit from the ability to pay for state goods and
 2  services through the use of credit cards, charge cards, and
 3  debit cards.
 4         (4)  The Chief Financial Officer may establish
 5  contracts with one or more financial institutions, credit card
 6  companies, or other entities which may lawfully provide such
 7  services, in a manner consistent with chapter 287, for
 8  processing credit card, charge card, or debit card collections
 9  for deposit into the State Treasury or another qualified
10  public depository.  Any state agency, or the judicial branch,
11  which accepts payment by credit card, charge card, or debit
12  card shall use at least one of the contractors established by
13  the Chief Financial Officer unless the state agency or
14  judicial branch obtains authorization from the Chief Financial
15  Officer to use another contractor which is more advantageous
16  to such state agency or the judicial branch.  Such contracts
17  may authorize a unit of local government to use the services
18  upon the same terms and conditions for deposit of credit card,
19  charge card, or debit card transactions into its qualified
20  public depositories.
21         (5)  A unit of local government, which term means a
22  municipality, special district, or board of county
23  commissioners or other governing body of a county, however
24  styled, including that of a consolidated or metropolitan
25  government, and means any clerk of the circuit court, sheriff,
26  property appraiser, tax collector, or supervisor of elections,
27  is authorized to accept payment by use of credit cards, charge
28  cards, and bank debit cards for financial obligations that are
29  owing to such unit of local government and to surcharge the
30  person who uses a credit card, charge card, or bank debit card
31  in payment of taxes, license fees, tuition, fines, civil
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 1  penalties, court-ordered payments, or court costs, or other
 2  statutorily prescribed revenues an amount sufficient to pay
 3  the service fee charges by the financial institution, vending
 4  service company, or credit card company for such services.  A
 5  unit of local government shall verify both the validity of any
 6  credit card, charge card, or bank debit card used pursuant to
 7  this subsection and the existence of appropriate credit with
 8  respect to the person using the card.  The unit of local
 9  government does not incur any liability as a result of such
10  verification or any subsequent action taken.
11         (6)  Credit card account numbers in the possession of a
12  state agency, a unit of local government, or the judicial
13  branch are confidential and exempt from the provisions of s.
14  119.07(1).
15         (6)(7)  Any action required to be performed by a state
16  officer or agency pursuant to this section shall be performed
17  within 10 working days after receipt of the request for
18  approval or be deemed approved if not acted upon within that
19  time.
20         (7)(8)  Nothing contained in this section shall be
21  construed to prohibit a state agency or the judicial branch
22  from continuing to accept charge cards or debit cards pursuant
23  to a contract which was lawfully entered into prior to the
24  effective date of this act unless specifically directed
25  otherwise in the General Appropriations Act.  However, such
26  contract shall not be extended or renewed after the effective
27  date of this act unless such renewal and extension conforms to
28  the requirements of this section.
29         Section 3.  This act shall take effect October 1, 2007.
30  
31  
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 1            *****************************************
 2                          SENATE SUMMARY
 3    Pursuant to a review under the Open Government Sunset
      Review Act, removes the repeal of an exemption from
 4    public-records requirements which is provided for social
      security and financial account numbers held by clerks of
 5    the circuit court and county recorders. Clarifies
      provisions that require the county recorder to use his or
 6    her best efforts to redact such information after January
      1, 2008. Defines the term "agency" to include a unit of
 7    local government for purposes of complying with an
      exemption provided for financial account numbers. Deletes
 8    redundant provisions exempting credit card, charge card,
      and debit card account numbers from public-records
 9    requirements when such information is held by an agency,
      unit of local government, or the judicial branch.
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