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Home My WebLink AboutResolution_24-07/08_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 Vice-Mayor Watkins who moved its adoption. The motion was seconded by Council Member Amero and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Jim Humpage X Vice-Mayor Pat Watkins X Council Member Dan Amero X Council Member Tom Paterno X Council Member Calvin Turnquest ABSENT The Mayor thereupon declared the Resolution duly passed and adopted this 10th day of January, 2008. MAYOR OF TEQUESTA - im Humpage ATTEST: ~au.me~.~~e.~.c~ Lori McWilliams, CMC Village Clerk . _' ~,' `~ i '. e~~`J ~~~~~' - SEAL :n_ N~ fNCJRppRATED: 9 ~ ~fi9~''NF 1, ~~ ~ ~•vG. 4 .'~ •~~ i~~~~'F OF'F 1 ~~,``~~ 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 Village collects social security numbers for the following reasons: classification of accounts; identification and verification; credit worthiness; billing and payments; data collection; reconciliation; tracking; benefit processing; identification purposes on police reports, fingerprint cards, arrest affidavits, and is used as another investigative tool when identity is an issue; random drug testing software; training records; to log into the Palm Beach County 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 for the Village to report 1099 information annually. 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 1 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; DATA COLLECTION; RECONCILIATION; TRACKING; BENEFIT PROCESSING; IDENTIFICATION PURPOSES ON POLICE REPORTS, FINGERPRINT CARDS, ARREST AFFIDAVITS, AND IS USED AS ANOTHER INVESTIGATIVE TOOL WHEN IDENTITY IS AN ISSUE; RANDOM DRUG TESTING SOFTWARE; TRAINING RECORDS; TO LOG INTO THE PALM BEACH COUNTY 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 FOR THE VILLAGE TO REPORT 1099 INFORMATION ANNUALLY.