HomeMy WebLinkAboutDocumentation_Regular_Tab 09_01/10/2008RESOLUTION NO. 24-07/08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, PROVIDING FOR THE ADOPTION OF
GENERAL POLICIES CONCERNING THE COLLECTION OF SOCIAL
SECURITY NUMBERS BY THE VILLAGE AND THE DISSEMINATION
OF THOSE KEPT BY THE VILLAGE; FURTHER, ADOPTING A
WRITTEN SOCIAL SECURITY NUMBER COLLECTION POLICY
STATEMENT IN ACCORDANCE WITH CHAPTER 119, FLORIDA
STATUTES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, Section 119.071(5) requires that all local governments which collect
social security numbers adopt a written policy statement setting forth all lawful purposes
for which such social security numbers are collected; and
WHEREAS, said written statement must conform to the requirements of Section
119.071(5)(a)2.a.; and
WHEREAS, proof of compliance with this statutory requirement must be
transmitted to the President of the Florida Senate and the Speaker of the Florida House
of Representatives no later than January 31, 2008; and
WHEREAS, the Village Council of the Village of Tequesta desires to comply with
this statutory requirement by adopting the written social security collection policy
statement and also to adopt certain policies regarding the dissemination of social security
numbers, as evidenced by the exhibits attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The Village Council of the Village of Tequesta, Florida, hereby
adopts general policies, in conformance with State law requirements, which provide
guidelines for the collection and dissemination of social security numbers which have
been collected by the Village, attached hereto as Exhibit "A". The Village further adopts a
written policy statement as required by State law regarding the collection of social
security numbers, attached hereto as Exhibit "B".
Section 2: The Village Clerk of the Village of Tequesta is hereby directed to
submit a copy of this Resolution, including the written statement, to the President of the
Florida Senate and the Speaker of the Florida House of Representatives no later than
January 31, 2008.
Section 3: The Village Manager of the Village of Tequesta hereby directed to
implement a process, to be effective immediately, whereby the written policy statement
adopted herein is provided to each person from whom the Village collects a social
security number.
Section 4: This Resolution shall take effect immediately upon passage.
The foregoing Resolution was offered by
moved its adoption. The motion was seconded by _
and upon being put to a vote, the vote was as follows:
who
For Adoption Against Adoption
Mayor Jim Humpage
Vice-Mayor Pat Watkins
Council Member Dan Amero
Council Member Tom Paterno
Council Member Calvin Turnquest
The Mayor thereupon declared the Resolution duly passed and adopted this
day of , 2008.
MAYOR OF TEQUESTA
Jim Humpage
ATTEST:
Lori McWilliams, CMC
Village Clerk
EXHIBIT "A"
POLICY OF THE VILLAGE OF TEQUESTA, FLORIDA
CONCERNING THE COLLECTION AND DISSEMINATION
OF SOCIAL SECURITY NUMBERS BY THE VILLAGE
POLICY 1.1. Generally, social security numbers held by the Village are
confidential and exempt from disclosure as required for most records held by a public
agency pursuant to Sec. 24(a), Art. I, Florida Constitution. and Sec.119.07(1), Florida
Statutes, regarding inspection and copying as part of a public records request.
POLICY 1.2. The
reasons: classification
billing and payments;
identification purposes c
as another investigative
Village collects social security numbers for the following
of accounts; identification and verification; credit worthiness;
data collection; reconciliation; tracking; benefit processing;
n police reports, fingerprint cards, arrest affidavits, and is used
Social security numbers are also used as a un
for search purposes and are collected by vend
and tax reporting.
r and may be used
POLICY 1.3. Social security numbers may be disclosed to another agency or
governmental entity if disclosure is necessary for the receiving agency to perform its
duties and responsibilities. For the purposes of this policy, the term "agency" shall be
defined as provided at Sec.119.011, Florida Statutes.
POLICY 1.4. The Village may not deny a "commercial entity", engaged in the
performance of a commercial activity, access to social security numbers provided the
numbers will be used only in the performance of a "commercial activity". The terms,
"commercial entity" and "commercial activity" shall be defined as provided at
Sec.119.071(5)(a)7, Florida Statutes. The commercial entity also must make a written
request for the social security number(s) which meets all of the following four (4)
requirements:
1. It must contain the following written declaration signed by a person, "Under
penalties of perjury, I declare that I have read the foregoing request for social
security numbers and that the facts as stated in it are true";
2. It must be legibly signed by an authorized officer, employee, or agent of the
commercial entity;
3. It must contain the commercial entity's name, business mailing and location
addresses and telephone numbers; and
4. It must contain a statement of the specific purposes for which the social security
numbers are needed and how the social security numbers will be used in the
performance of a "commercial activity".
POLICY 1.5. The Village shall file a report with the Executive Office of the
Governor, the President of the Senate, and the Speaker of the House of Representatives
by January 31St of each year regarding the identity of all "commercial entities" that have
requested social security numbers during the preceding calendar year, if any; and the
specific purpose(s) stated by each "commercial entity" regarding its need for social
security numbers.
EXHIBIT "B"
NOTICE REGARDING THE COLLECTION AND USE OF YOUR SOCIAL SECURITY
NUMBER BY THE VILLAGE OF TEQUESTA, FLORIDA
PURSUANT TO SUBPARAGRAPH 119.071(5)(a)2.a., FLORIDA STATUTES, THE
VILLAGE OF TEQUESTA IS PROVIDING YOU WITH THE FOLLOWING STATEMENT
AS A RESULT OF THE VILLAGE'S REQUEST FOR YOUR SOCIAL SECURITY
NUMBER. YOUR SOCIAL SECURITY NUMBER IS BEING COLLECTED BY THE
VILLAGE EITHER BECAUSE SUCH REQUEST IS SPECIFICALLY AUTHORIZED BY
LAW OR ITS USE IS IMPERATIVE TO THE PERFORMANCE OF THE VILLAGE'S
DUTIES AND RESPONSIBILITIES UNDER LAW. YOUR SOCIAL SECURITY NUMBER
WILL NOT BE USED FOR ANY PURPOSE OTHER THAN AS PROVIDED BELOW:
THE VILLAGE OF TEQUESTA, FLORIDA, COLLECTS YOUR SOCIAL SECURITY
NUMBER FOR THE FOLLOWING PURPOSES: CLASSIFICATION OF ACCOUNTS;
IDENTIFICATION AND VERIFICATION; CREDIT WORTHINESS; BILLING AND
PAYMENTS;
PROCESSING;
FINGERPRINT
INVESTIGATIVE
DATA COLLECTION; RECONCILIATION; TRACKING; BENEFIT
IDENTIFICATION PURPOSES ON POLICE REPORTS,
CARDS, ARREST AFFIDAVITS, AND IS USED AS ANOTHER
TOOL WHEN IDENTITY IS AN ISSUE; RANDOM DRUG TESTING
COMPUTER SYSTEM; AND TAX REPORTING. SOCIAL SECURITY NUMBERS ARE
ALSO USED AS A UNIQUE, NUMERIC IDENTIFIER AND MAY BE USED FOR
SEARCH PURPOSES AND ARE COLLECTED BY VENDORS ON THE IRS FORM W9
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emorandum
TO: MUNICIPAL OFFICIALS
FROM: KRAIG CONN, DEPUTY GENERAL COUNSEL
FLORIDA LEAGUE OF CITIES
RE: SOCIAL SECURITY NUMBERS AND NEW REQUIREMENTS
UNDER SECTION 119.071(5), FLORIDA STATUTES (2007)
DATE: 12/20/07
This is a reminder that effective October 1, 2007, the Florida Legislature adopted new
requirements relating to the collection and dissemination of Social Security numbers by all
"agencies" in Florida. You are encouraged to review the provisions of Section 119.071(5),
Florida Statues (2007); however, the law has two primary parts relating to: 1. adopting a written
statement on the collection of Social Security numbers and certifying compliance to the
Legislature no later than January 31, 2008; and 2. maintaining a registry of commercial entities
making a public records request for Social Security numbers and reporting such activity to the
Legislature before January 31 of each year.
"Agency," under Chapter 119, Florida Statutes, is very broadly defined to include any "state,
county, district, authority, or municipal officer, department, division, board, bureau, commission,
or other separate unit of government created or established by law ... and any other public or
private agency, person, partnership, corporation, or business entity acting on behalf of any public
agency."
1 Written Statements on the Collection of Social Security Numbers
All "agencies" are now required to adopt a written Social Security number collection policy,
which must be provided to an individual when an agency collects that individual's Social
Security number. Agencies must also certify their compliance with the new law to the Florida
Legislature.
In Section 119.071(5), Florida Statutes, the Legislature acknowledges that the Social Security
number was never intended to be used for business purposes but was intended to be used solely
for administration of the federal Social Security system. Social Security numbers are now used
extensively for identity verification purposes and other related purposes. Recognizing that
Social Security numbers can be used as a tool to perpetuate fraud, the Legislature adopted the
following new requirements:
• an agency may not collect an individual's Social Security number unless the
agency has stated in writing the purpose for its collection;
301 South Bronough Street • Post Office Box 1757 • Tallahassee, FL 32302-1757
Telephone (850) 222-9684 • Suncom 278-5331 • Fax (850) 222-3806 • Website:www.flcities.com
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• Social Security numbers collected by an agency may not be used by the
agency for any purpose other than the purpose provided in the written statement;
• an agency collecting an individual's Social Security number must provide that
individual with a copy of the written statement;
• each agency shall review whether its collection of Social Security numbers is in
compliance with Section 119.071(5), Florida Statutes; and
• each agency shall certify to the President of the Senate and the Speaker of the
House of Representatives its compliance with these requirements no later than
January 31, 2008.
It is likely that many departments in a municipality obtain Social Security numbers for use as a
unique identifier for data collection, reconciliation, tax reporting, credit worthiness checks, and
other purposes. If your municipality obtains Social Security numbers, a written statement on
Social Security number usage must be adopted and the written statement must be provided to an
individual when their Social Security number is obtained. The following broadly written
statement, to be modified as needed, is provided for your consideration:
[AGENCY NAME] COLLECTS YOUR SOCIAL SECURITY NUMBER FOR THE
FOLLOWING PURPOSES: CLASSIFICATION OF ACCOUNTS; IDENTIFICATION AND
VERIFICATION; CREDIT WORTHINESS; BILLING AND PAYMENTS; DATA
COLLECTION, RECONCILIATION, TRACKING, BENEFIT PROCESSING, TAX
REPORTING, AND [SPECIFY THE PARTICULAR PURPOSES FOR COLLECTING
THE SOCIAL SECURITY NUMBER]. SOCIAL SECURITY NUMBERS ARE ALSO
USED AS A UNIQUE NUMERIC IDENTIFIER AND MAY BE USED FOR SEARCH
PURPOSES.
Attached is a sample letter of certification for your consideration if your municipality collects
Social Security numbers. [Sample Letter 1.]
2 Public Records Requests of Social Security Numbers by Commercial Entities
301 South Bronough Street • Post Office Box 1757 • Tallahassee, FL 32302-1757
Telephone (850) 222-9684 • Suncom 278-5331 • Fax (850) 222-3806 • Website:www.flcities.com
~~~~60E ~p c~'~s
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Memorandum
Section 119.071(5), Florida Statutes, provides a process whereby a "commercial entity" engaged
in performance of a "commercial activity" may access Social Security numbers through a public
records request under specified conditions. The statutes provide definitions of "commercial
entity" and "commercial activity" and provides a list of requirements the commercial entity must
meet in order to access Social Security numbers. A commercial entity must submit a written
request for the Social Security numbers and:
• verify the written request under penalties of perjury as provided in Section 92.525,
Florida Statutes;
• the written request must be legibly signed by an authorized officer, employee, or agent of
the commercial entity;
• the written request must contain the commercial entity's name, business mailing and
location addresses, and business telephone number; and
• the written request must contain a statement of the specific purpose for which the
commercial entity needs the Social Security numbers and how the Social Security
numbers will be used in the performance of a commercial activity.
An agency may request any other information reasonable necessary to verify the identity of a
commercial entity requesting the Social Security numbers and the specific purposes for which
the numbers will be used. Any person who makes a false representation in order to obtain a
Social Security number commits a third degree felony. Any public officer who violates these
provisions on providing Social Security numbers to commercial entities commits anon-criminal
infraction, punishable by a fine not exceeding $500 per violation.
Every agency must file a report with the Executive Office of the Governor, the President of the
Senate, and the Speaker of the House of Representatives by January 1 of each year. This report
must identify all commercial entities that have requested Social Security numbers during the
preceding calendar year, and the specific purpose or purposes stated by each commercial entity
regarding its need for Social Security numbers. If no disclosure requests were made, the agency
shall so indicate on the report.
Attached is a sample letter for your consideration for reporting requests made by commercial
entities for Social Security numbers. [Sample Letter 2.]
You are encouraged to consult with your municipal attorney if you have any questions relating to
compliance with Section 119.071(5), Florida Statutes (2007).
301 South Bronough Street • Post Office Box 1757 • Tallahassee, FL 32302-1757
Telephone (850) 222-9684 • Suncom 278-5331 • Fax (850) 222-3806 • Website:www.flcities.com
Sample Letter 1
[Date]
The Honorable Ken Pruitt, President
The Florida Senate
Senate Office Building, Room 312
404 South Monroe Street
Tallahassee, FL 32399
The Honorable Marco Rubio, Speaker
Florida House of Representatives
420 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
Re: Certification of compliance with Section 119.071 (5), Florida Statutes (2007)
Dear President Pruitt and Speaker Rubio:
Pursuant to Section 119.071(5), Florida Statutes (2007), [Insert Agency Narne] hereby
certifies that it is in compliance with the collection and reporting of Social Security
number requirements specified in Section 119.071(5)(a) 1 - 4, Florida Statutes (2007).
Please do not hesitate to contact me should additional information be needed.
Sample Letter 2
[Date]
The Executive Office of the Governor
PL O5, The Capitol
400 South Monroe Street
Tallahassee, FL 32399
The Honorable Ken Pruitt, President
The Florida Senate
Senate Office Building, Room 312
404 South Monroe Street
Tallahassee, FL 32399
The Honorable Marco Rubio, Speaker
Florida House of Representatives
420 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
Re: Annual Report required by Section 119.071(5), Florida Statutes (2007)
Dear Governor Crist, President Pruitt and Speaker Rubio:
Pursuant to Section 119.071(5), Florida Statutes (2007), [insert agency name] hereby
submits this letter as its report regarding requests made by commercial entities for Social
Security numbers.
According to our records, no such requests have been received by [insert agency name]
in [insert relevant year].
-or-
According to our records, the following requests have been made:
Name of Commercial Entity Purpose for SSN
1.
2.
3.
Please do not hesitate to contact our office should additional information be needed.
McWilliams, Lori
From: McWilliams, Lori
Sent: Friday, December 21, 2007 11:03 AM
To: Department Heads
Cc: Archive; Debbie Telfrin (E-mail); Michael Couzzo (E-mail)
Subject: FW: Social Security Number collection policy and reporting requirements
Attachments: 12-20 SSN Memo.pdf
Department Heads,
Please provide me with a list of commercial entities that made a public records request for social security numbers
during 2007. I am not aware of any such requests, however would like to verify this with each of you.
Thank you,
Lori
From: Keith W. Davis [mailto:Keith@corbettandwhite.com]
Sent: Friday, December 21, 2007 10:56 AM
To: 'Leffingwell, Lee'; 'Cindy Lindskoog'; Couzzo, Michael
Cc: 'Sherry Albury'; 'Carolyn Gangwer'; McWilliams, Lori
Subject: Social Security Number collection policy and reporting requirements
F.S. 119.071 has new requirements for local governments relative to the collection of social security numbers and the
reporting of commercial entities that make public records requests for social security numbers. Basically, no later than
January 31, 2008, we are required to adopt a written policy that explains the purposes for which we collect peoples' social
security numbers (i.e. business tax receipt applications) and we are required to certify to the legislature compliance with
this by that same deadline.
In addition, we are required to report to the governor's office and the legislature, no later than January 31, 2008, and each
January 31 after, any commercial entities that have made public records requests for social security numbers in
accordance with 991.071(5)(a)7.
Given this, a resolution adopting a written policy regarding the collection of social security numbers should be on our
January 2008 agenda. Staff should also compile a list of commercial entities that made public records requests for social
security numbers in 2007. We can then submit the necessary reports to Tallahassee at the end of January.
i have attached a memorandum from the Florida League of Cities that discusses these requirements further. Note that
the memo contains a typo that indicates a reporting deadline of January 1. This is in error as the statute provides for a
January 31 deadline.
Rlease feel free to call with any questions.
Keith W. Davis, Esq.
Corbett and White, P.A.
1111 Hypoluxo Road, Suite 207
Lantana, Florida 33462
Tel: (561) 586-7116
Fax: (561) 586-9611
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