Miami-Dade Legislative Item
File Number: 081113
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File Number: 081113 File Type: Resolution Status: Adopted
Version: 0 Reference: R-422-08 Control: Board of County Commissioners
File Name: FIGHT IDENTITY THEFT BY CLOSING LOOPHOLES Introduced: 4/8/2008
Requester: NONE Cost: Final Action: 4/8/2008
Agenda Date: 4/8/2008 Agenda Item Number: 11A38
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO FIGHT IDENTITY THEFT BY CLOSING LOOPHOLES THAT REQUIRE GOVERNMENT AGENCIES TO MAKE SOCIAL SECURITY NUMBERS AND OTHER PERSONAL INFORMATION AVAILABLE PURSUANT TO PUBLIC RECORDS REQUESTS IN CERTAIN CIRCUMSTANCES
Indexes: LEGISLATIVE PACKAGE
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/8/2008 11A38 Adopted P
REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record. Commissioner Diaz explained the intent of this proposed resolution. The Board proceeded to vote on the foregoing proposed resolution as presented. Following Commissioner Diaz’ request for a clarification on the social security numbers and other personal information being sold, County Attorney Cuevas stated social security numbers were considered personal information and the information obtained and maintained by the Department of Health and the State of Florida Department of Highway Safety and Motor Vehicles (DHSMV) was exempt from disclosure except in the normal course of business for legitimate businesses for that purpose only. He stated the Florida Statutes allowed for these uses in the normal course of business by legitimate business or its agency, employees, and contractors in which they could verify that information from the State of Florida. Commissioner Seijas suggested the following language as an amendment to this proposed resolution as follows: “if applicable to social security numbers.”

County Attorney 4/8/2008 Assigned Jess M. McCarty 4/8/2008

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO FIGHT IDENTITY THEFT BY CLOSING LOOPHOLES THAT REQUIRE GOVERNMENT AGENCIES TO MAKE SOCIAL SECURITY NUMBERS AND OTHER PERSONAL INFORMATION AVAILABLE PURSUANT TO PUBLIC RECORDS REQUESTS IN CERTAIN CIRCUMSTANCES

BODY
WHEREAS, identity theft is a crime that can wreak havoc on a person's life and livelihood; and,
WHEREAS, identity theft can occur when criminals acquire access to a person's social security number and other personal identifying information; and
WHEREAS, in 2002, the Florida Legislature passed House Bill 1673 (Chapter 2002-256, Laws of Florida), that, among other things, created a public records exemption to protect social security numbers held by a public agency or its agents, employees or contractors; and
WHEREAS, while H.B. 1673 provided added protection for social security numbers, it nonetheless contained a number of significant exceptions that made social security numbers and other personal information still available for disclosure under some circumstances; and
WHEREAS, one of the exceptions prohibited a public agency from denying a business or its agents, employees, or contractors access to social security numbers and other personal information held by a public agency, provided the social security numbers would be used in the normal course of business for "legitimate business purposes"; and
WHEREAS, in addition, section 119.0712, Florida Statutes, currently provides additional exceptions to the protection for social security numbers and other personal information for certain Florida State agencies, including the Department of Health and the Department of Highway Safety and Motor Vehicles (DHSMV); and
WHEREAS, the DHSMV is expressly authorized in section 119.0712 to contract with firms and sell them social security numbers and other personal information from Florida driver's license records, and such firms are authorized to resell or redisclose such personal information for a number of uses permitted under section 119.0712, so long as these firms keep a record of such resales and redisclosures for five years; and
WHEREAS, the Florida Legislature can further combat identity theft by further restricting access to and dissemination of social security numbers and other personal information held by public agencies,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to fight identity theft by closing loopholes that require government agencies to make social security numbers and other personal information available pursuant to public records requests in certain circumstances.
Section 2. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor; the Senate President; the House Speaker; and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate for the issues identified in section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2008 and 2009 state legislative packages.



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