Bill Text: FL S1208 | 2012 | Regular Session | Comm Sub

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Bill Title: OGSR/Unclaimed Property/Department of Financial Services

Spectrum: Committee Bill

Status: (Introduced - Dead) 2012-03-08 - Laid on Table, refer to HB 7111 -SJ 998 [S1208 Detail]

Download: Florida-2012-S1208-Comm_Sub.html

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       Florida Senate - 2012                      CS for CS for SB 1208
       
       
       
       By the Committees on Rules; Governmental Oversight and
       Accountability; and Banking and Insurance
       
       
       
       595-04186-12                                          20121208c2
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         717.117, F.S.; revising the public records exemption
    4         for information held by the Department of Financial
    5         Services relating to unclaimed property to permanently
    6         exempt social security numbers from the public records
    7         law; deleting the provision that requires the release
    8         of social security numbers for certain purposes;
    9         providing for future legislative review and repeal of
   10         the exemption under the Open Government Sunset Review
   11         Act; providing a statement of public necessity;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (8) of section 717.117, Florida
   17  Statutes, is amended to read:
   18         717.117 Report of unclaimed property.—
   19         (8)(a) As used in this subsection, the term “property
   20  identifier” means the descriptor used by the holder to identify
   21  the unclaimed property.
   22         (b) Social security numbers and property identifiers
   23  contained in reports required under this section, held by the
   24  department, are confidential and exempt from s. 119.07(1) and s.
   25  24(a), Art. I of the State Constitution.
   26         (c) Social security numbers shall be released, for the
   27  limited purpose of locating owners of abandoned or unclaimed
   28  property, to a person registered with the department under this
   29  chapter who is an attorney, Florida-certified public accountant,
   30  private investigator who is duly licensed in this state, or a
   31  private investigative agency licensed under chapter 493.
   32         (a)(d) This exemption applies to social security numbers
   33  and property identifiers held by the department before, on, or
   34  after the effective date of this exemption.
   35         (b) As used in this subsection, the term “property
   36  identifier” means the descriptor used by the holder to identify
   37  the unclaimed property.
   38         (c)(e) This subsection is subject to the Open Government
   39  Sunset Review Act in accordance with s. 119.15, and shall stand
   40  repealed October 2, 2017 2012, unless reviewed and saved from
   41  repeal through reenactment by the Legislature.
   42         Section 2. The Legislature finds that it is a public
   43  necessity that social security numbers contained in reports of
   44  unclaimed property remain confidential and exempt from public
   45  records requirements. Social security numbers, which are used by
   46  a holder of unclaimed property to identify such property, could
   47  be used to fraudulently obtain unclaimed property. The release
   48  of social security numbers could also place owners of unclaimed
   49  property at risk of identity theft. Therefore, the protection of
   50  social security numbers is a public necessity in order to
   51  prevent the fraudulent use of such information by creating
   52  falsified or forged documents that appear to demonstrate
   53  entitlement to unclaimed property and to prevent opportunities
   54  for identity theft. Such use defrauds the rightful owner or the
   55  State School Fund, which is the depository for all remaining
   56  unclaimed funds.
   57         Section 3. This act shall take effect October 1, 2012.