Florida Senate - 2016                                    SB 1364
       
       
        
       By Senator Hays
       
       11-00558C-16                                          20161364__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         379.107, F.S.; defining the term “personal
    4         information”; providing an exemption from public
    5         records requirements for personal information provided
    6         to the Fish and Wildlife Conservation Commission on
    7         applications for certain licenses, permits, and
    8         certifications; providing circumstances under which
    9         personal information may be disclosed; providing
   10         applicability; providing for future legislative review
   11         and repeal of the exemption; providing a statement of
   12         public necessity; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 379.107, Florida Statutes, is created to
   17  read:
   18         379.107 Public records exemption; personal information
   19  obtained in connection with licensure.—
   20         (1) For purposes of this section, the term “personal
   21  information” means information that identifies an individual,
   22  including, but not limited to, an individual’s photograph;
   23  social security number; driver license number; name; date of
   24  birth; address, exclusive of the five-digit zip code; telephone
   25  number; e-mail or other electronic communication address; and
   26  medical or disability information.
   27         (2) Except as provided in subsection (3), personal
   28  information held by the commission in connection with the
   29  following licenses, permits, and certifications issued by the
   30  commission is confidential and exempt from s. 119.07(1) and s.
   31  24(a), Art. I of the State Constitution:
   32         (a) Recreational fishing, hunting, or use licenses and
   33  permits, or other noncommercial or nonprofessional licenses and
   34  permits.
   35         (b) Hunter safety certification.
   36         (c) Boating safety certification or recreation record.
   37         (3) Personal information may be disclosed only as follows:
   38         (a) For use by a court, law enforcement agency, or other
   39  agency, as defined in s. 119.011(2), in carrying out its duties.
   40         (b) For use in connection with any civil, criminal,
   41  administrative, or arbitral proceeding in any federal, state, or
   42  local court or agency presenting before a self-regulatory body,
   43  including the service of process, investigation in anticipation
   44  of litigation, and the execution or enforcement of judgments and
   45  orders, or pursuant to an order of a federal, state, or local
   46  court.
   47         (c) For use by any requester, if the requester demonstrates
   48  it has obtained the written consent of the individual to whom
   49  the information pertains.
   50         (4) This exemption applies to personal information held by
   51  an agency before, on, or after July 1, 2016.
   52         (5) This section is subject to the Open Government Sunset
   53  Review Act in accordance with s. 119.15 and shall stand repealed
   54  October 2, 2021, unless reviewed and saved from repeal through
   55  reenactment by the Legislature.
   56         Section 2. The Legislature finds that it is a public
   57  necessity that personal information held by the Fish and
   58  Wildlife Conservation Commission in connection with applications
   59  for licenses, permits, or certifications for recreational,
   60  nonprofessional, or noncommercial activities be made exempt from
   61  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   62  State Constitution. Under current law, personal information that
   63  applicants must provide to the commission in order to apply for
   64  such licenses, permits, or certifications is a public record
   65  available for any purpose. Such information can be obtained and
   66  used to perpetrate identity theft and other invasive contacts.
   67  The public availability of this personal information needlessly
   68  increases the risk of identity theft and invasive contacts with
   69  those applying to the commission for such licenses, permits, or
   70  certifications. These unnecessary risks would be diminished or
   71  eliminated if the commission preserved the confidentiality of
   72  personal information provided on applications for such licenses,
   73  permits, or certifications. Therefore, the Legislature finds
   74  that it is a public necessity to make exempt from public records
   75  requirements personal information that is provided to the
   76  commission on applications for licenses, permits, or
   77  certifications for recreational, nonprofessional, or
   78  noncommercial activities.
   79         Section 3. This act shall take effect July 1, 2016.