HB 7051

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act for social security numbers; amending s.
4119.071, F.S.; providing that social security numbers of
5current and former agency employees held by the employing
6agency are confidential and exempt from public records
7requirements; providing for future review and repeal of
8the exemption; requiring that an agency identify in
9writing the specific federal or state laws governing the
10collection, use, and release of social security numbers
11and ensure compliance therewith; requiring notice as to
12whether collection of a social security number is
13authorized or mandatory under federal or state law;
14delineating conditions under which social security numbers
15held by an agency may be disclosed; redefining the term
16"commercial activity" for purposes of provisions
17authorizing the disclosure of a social security number
18under limited circumstances; eliminating agency reports of
19requests for social security numbers by commercial
20entities; clarifying that specified provisions do not
21supersede federal or state requirements regarding the
22collection, use, or release of social security numbers;
23reenacting ss. 119.0714(1)(i), (2)(e), and (3)(b) and
241007.35(8)(b), F.S., relating to social security numbers
25contained in records that are made part of a court file, a
26future requirement of court clerks to keep social security
27numbers confidential and exempt without a request for
28redaction and specified nonapplicability to court clerks
29with respect to court records, the availability of social
30security numbers as part of official records, a future
31requirement of county recorders to keep social security
32numbers confidential and exempt without a request for
33redaction and specified nonapplicability to county
34recorders with respect to official records, and access to
35specified information under the Florida Partnership for
36Minority and Underrepresented Student Achievement,
37respectively, for the purpose of incorporating the
38amendment to s. 119.071, F.S., in references thereto,;
39providing a statement of public necessity; providing an
40effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Paragraph (a) of subsection (4) and paragraph
45(a) of subsection (5) of section 119.071, Florida Statutes, are
46amended to read:
47     119.071  General exemptions from inspection or copying of
48public records.--
49     (4)  AGENCY PERSONNEL INFORMATION.--
50     (a)1.  The social security numbers of all current and
51former agency employees which numbers are held by the employing
52contained in agency employment records are confidential and
53exempt from s. 119.07(1) and s. 24(a), Art. I of the State
54Constitution. This paragraph is subject to the Open Government
55Sunset Review Act in accordance with s. 119.15 and shall stand
56repealed on October 2, 2014, unless reviewed and saved from
57repeal through reenactment by the Legislature.
58     2.  An agency that is the custodian of a social security
59number specified in subparagraph 1. and that is not the
60employing agency shall maintain the exempt status of the social
61security number only if the employee or the employing agency of
62the employee submits a written request for confidentiality to
63the custodial agency. However, upon a request by a commercial
64entity as provided in sub-subparagraph (5)(a)7.b., the custodial
65agency shall release the last four digits of the exempt social
66security number, except that a social security number provided
67in a lien filed with the Department of State shall be released
68in its entirety. This subparagraph is subject to the Open
69Government Sunset Review Act in accordance with s. 119.15 and
70shall stand repealed on October 2, 2009, unless reviewed and
71saved from repeal through reenactment by the Legislature.
72     (5)  OTHER PERSONAL INFORMATION.--
73     (a)1.a.  The Legislature acknowledges that the social
74security number was never intended to be used for business
75purposes but was intended to be used solely for the
76administration of the federal Social Security System. The
77Legislature is further aware that over time this unique numeric
78identifier has been used extensively for identity verification
79purposes and other legitimate consensual purposes.
80     b.  The Legislature recognizes that the social security
81number can be used as a tool to perpetuate fraud against an
82individual and to acquire sensitive personal, financial,
83medical, and familial information, the release of which could
84cause great financial or personal harm to an individual.
85     c.  The Legislature intends to monitor the use of social
86security numbers held by agencies in order to maintain a
87balanced public policy.
88     2.a.  An agency may not collect an individual's social
89security number unless the agency has stated in writing the
90purpose for its collection and unless it is:
91     (I)  Specifically authorized by law to do so; or
92     (II)  Imperative for the performance of that agency's
93duties and responsibilities as prescribed by law.
94     b.  An agency shall identify in writing the specific
95federal or state law governing the collection, use, or release
96of social security numbers for each purpose for which the agency
97collects the social security number, including any authorized
98exceptions that apply to such collection, use, or release. Each
99agency shall ensure that the collection, use, or release of
100social security numbers complies with the specific applicable
101federal or state law.
102     c.b.  Social security numbers collected by an agency may
103not be used by that agency for any purpose other than the
104purpose provided in the written statement.
105     3.  An agency collecting an individual's social security
106number shall provide that individual with a copy of the written
107statement required in subparagraph 2. The written statement also
108shall state whether collection of the individual's social
109security number is authorized or mandatory under federal or
110state law.
111     4.a.  Each agency shall review whether its collection of
112social security numbers is in compliance with subparagraph 2. If
113the agency determines that collection of a social security
114number is not in compliance with subparagraph 2., the agency
115shall immediately discontinue the collection of social security
116numbers for that purpose.
117     b.  Each agency shall certify to the President of the
118Senate and the Speaker of the House of Representatives its
119compliance with this subparagraph no later than January 31,
1202008.
121     5.  Social security numbers held by an agency are
122confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
123of the State Constitution. This exemption applies to social
124security numbers held by an agency before, on, or after the
125effective date of this exemption.
126     6.  Social security numbers held by an agency may be
127disclosed if any of the following apply: to another agency or
128governmental entity if disclosure is necessary for the receiving
129agency or entity to perform its duties and responsibilities.
130     a.  The disclosure of the social security number is
131expressly required by federal or state law or a court order.
132     b.  The disclosure of the social security number is
133necessary for the receiving agency or governmental entity to
134perform its duties and responsibilities.
135     c.  The individual expressly consents in writing to the
136disclosure of his or her social security number.
137     d.  The disclosure of the social security number is made to
138comply with the USA Patriot Act of 2001, Pub. L. No. 107-56, or
139Presidential Executive Order 13224.
140     e.  The disclosure of the social security number is made to
141a commercial entity for the permissible uses set forth in the
142federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss.
1432721 et seq., the Fair Credit Reporting Act, 15 U.S.C. ss. 1681
144et seq., or the Financial Services Modernization Act of 1999, 15
145U.S.C. ss. 6801 et seq., provided that the authorized commercial
146entity complies with the requirements of this paragraph.
147     f.  The disclosure of the social security number is for the
148purpose of the administration of health benefits for an agency
149employee or his or her dependents.
150     g.  The disclosure of the social security number is for the
151purpose of the administration of a pension fund administered for
152the agency employee's retirement fund, deferred compensation
153plan, or defined contribution plan.
154     h.  The disclosure of the social security number is for the
155purpose of the administration of the Uniform Commercial Code by
156the office of the Secretary of State.
157     7.a.  For purposes of this subsection, the term:
158     (I)  "Commercial activity" means the permissible uses set
159forth in the federal Driver's Privacy Protection Act of 1994, 18
160U.S.C. ss. 2721 et seq., the Fair Credit Reporting Act, 15
161U.S.C. ss. 1681 et seq., or the Financial Services Modernization
162Act of 1999, 15 U.S.C. ss. 6801 et seq., or provision of a
163lawful product or service by a commercial entity. Commercial
164activity includes verification of the accuracy of personal
165information received by a commercial entity in the normal course
166of its business, including identification or prevention of
167fraud; use for insurance purposes; use in identifying and
168preventing fraud; use in matching, verifying, or retrieving
169information; and use in research activities. It does not include
170the display or bulk sale of social security numbers to the
171public or the distribution of such numbers to any customer that
172is not identifiable by the commercial entity.
173     (II)  "Commercial entity" means any corporation,
174partnership, limited partnership, proprietorship, sole
175proprietorship, firm, enterprise, franchise, or association that
176performs a commercial activity in this state.
177     b.  An agency may not deny a commercial entity engaged in
178the performance of a commercial activity access to social
179security numbers, provided the social security numbers will be
180used only in the performance of a commercial activity and
181provided the commercial entity makes a written request for the
182social security numbers. The written request must:
183     (I)  Be verified as provided in s. 92.525;
184     (II)  Be legibly signed by an authorized officer, employee,
185or agent of the commercial entity;
186     (III)  Contain the commercial entity's name, business
187mailing and location addresses, and business telephone number;
188and
189     (IV)  Contain a statement of the specific purposes for
190which it needs the social security numbers and how the social
191security numbers will be used in the performance of a commercial
192activity, including the identification of any specific federal
193or state law that permits such use. The aggregate of these
194requests shall serve as the basis for the agency report required
195in subparagraph 9.
196     c.  An agency may request any other information reasonably
197necessary to verify the identity of a commercial entity
198requesting the social security numbers and the specific purposes
199for which the numbers will be used.
200     8.a.  Any person who makes a false representation in order
201to obtain a social security number pursuant to this paragraph,
202or any person who willfully and knowingly violates this
203paragraph, commits a felony of the third degree, punishable as
204provided in s. 775.082 or s. 775.083.
205     b.  Any public officer who violates this paragraph commits
206a noncriminal infraction, punishable by a fine not exceeding
207$500 per violation.
208     9.a.  Every agency shall file a report with the Executive
209Office of the Governor, the President of the Senate, and the
210Speaker of the House of Representatives by January 31 of each
211year.
212     b.  The report required under sub-subparagraph a. shall
213list:
214     (I)  The identity of all commercial entities that have
215requested social security numbers during the preceding calendar
216year; and
217     (II)  The specific purpose or purposes stated by each
218commercial entity regarding its need for social security
219numbers.
220     c.  If no disclosure requests were made, the agency shall
221so indicate.
222     9.10.  Any affected person may petition the circuit court
223for an order directing compliance with this paragraph.
224     10.11.  This paragraph does not supersede any federal or
225state law regarding the collection, use, or release of social
226security numbers or any other applicable public records
227exemptions existing prior to May 13, 2002, or created
228thereafter.
229     Section 2.  For the purpose of incorporating the amendment
230made by this act to section 119.071, Florida Statutes, in
231references thereto, paragraph (i) of subsection (1), paragraph
232(e) of subsection (2), and paragraph (b) of subsection (3) of
233section 119.0714, Florida Statutes, are reenacted to read:
234     119.0714  Court files; court records; official records.--
235     (1)  COURT FILES.--Nothing in this chapter shall be
236construed to exempt from s. 119.07(1) a public record that was
237made a part of a court file and that is not specifically closed
238by order of court, except:
239     (i)  Social security numbers as provided in s.
240119.071(5)(a).
241     (2)  COURT RECORDS.--
242     (e)1.  On January 1, 2011, and thereafter, the clerk of the
243court must keep social security numbers confidential and exempt
244as provided for in s. 119.071(5)(a), and bank account, debit,
245charge, and credit card numbers exempt as provided for in s.
246119.071(5)(b), without any person having to request redaction.
247     2.  Section 119.071(5)(a)7. and 8. does not apply to the
248clerks of the court with respect to court records.
249     (3)  OFFICIAL RECORDS.--
250     (b)1.  If a social security number or a bank account,
251debit, charge, or credit card number is included in an official
252record, such number may be made available as part of the
253official records available for public inspection and copying
254unless redaction is requested by the holder of such number or by
255the holder's attorney or legal guardian.
256     2.  If such record is in electronic format, on January 1,
2572011, and thereafter, the county recorder must use his or her
258best effort, as provided in paragraph (h), to keep social
259security numbers confidential and exempt as provided for in s.
260119.071(5)(a), and to keep complete bank account, debit, charge,
261and credit card numbers exempt as provided for in s.
262119.071(5)(b), without any person having to request redaction.
263     3.  Section 119.071(5)(a)7. and 8. does not apply to the
264county recorder with respect to official records.
265     Section 3.  For the purpose of incorporating the amendment
266made by this act to section 119.071, Florida Statutes, in a
267reference thereto, paragraph (b) of subsection (8) of section
2681007.35, Florida Statutes, is reenacted to read:
269     1007.35  Florida Partnership for Minority and
270Underrepresented Student Achievement.--
271     (8)
272     (b)  The department shall contribute to the evaluation
273process by providing access, consistent with s. 119.071(5)(a),
274to student and teacher information necessary to match against
275databases containing teacher professional development data and
276databases containing assessment data for the PSAT/NMSQT, SAT,
277AP, and other appropriate measures. The department shall also
278provide student-level data on student progress from middle
279school through high school and into college and the workforce,
280if available, in order to support longitudinal studies. The
281partnership shall analyze and report student performance data in
282a manner that protects the rights of students and parents as
283required in 20 U.S.C. s. 1232g and s. 1002.22.
284     Section 4.  The Legislature finds that it is a public
285necessity that agency employee social security numbers be made
286confidential and exempt from s. 119.07(1), Florida Statutes, and
287s. 24(a), Article I of the State Constitution. The Legislature
288notes that the lawful collection, use, or release of social
289security numbers requires knowledge of a variety of complex
290federal requirements that must be applied differently in various
291circumstances. Federal requirements for the collection, use, or
292release may differ from agency to agency depending upon the
293purpose or use for which the social security number is collected
294or the year in which the number was collected. The Legislature
295finds that compliance with applicable federal requirements
296regarding the collection, use, or release of social security
297numbers requires that agency employee social security numbers be
298made confidential and exempt.
299     Section 5.  This act shall take effect October 1, 2009.


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