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HomeMy WebLinkAbout2008 01 28 Regular 602 Resolution 2008-09 Collection and Use of Social Security NumbersCOMMISSION AGENDA ITEM 602 Informational Consent Public Hearings Regular X January 28, 2008 Regular Meeting Mgr. / Dept. Authorization REQUEST: The City Attorney requests the City Commission review the attached Resolution Number 2008-09 adopting a new City of Winter Springs Policy regarding the City's collection and use of social security numbers. PURPOSE: This Agenda Item is being presented so that the City Commission may review the attached Resolution which would bring our City into full compliance with the latest legislation related to section 119.071(5), Florida Statutes. APPLICABLE LAW: Section 119.071(5), Florida Statutes. Florida Municipal Home Rule Powers Act, Chapter 166, Florida Statutes. CONSIDERATIONS: Effective October 1, 2007, the Florida Legislature enacted new legislation related to the collecting and disseminating of social security numbers by all agencies in the State of Florida. Resolution 2008-09 adopts the applicable provisions of section 119.071(5), Florida Statutes, as the City's policy regarding its collection and use of social security numbers. Additionally, the Resolution adopts a "Notice of Purpose of CITY OF WINTER SPRINGS, FLORIDA C[TY COMMISSION JANUARY 28, 2008 REGULAR AGENDA ITEM 602 PAGE 2 OF 2 Request for Social Security Number," which shall be the City's official written statement provided to each person whose social security number is collected by the City, pursuant to iaw. The new law further requires the City to certify its compliance with the law to the President of the Senate and the Speaker of the House of Representatives by January 31, 2008. Additionally, the City is required to make an annual report to the Governor, President of the Senate and Speaker of the House of Representatives by January 31S` of each year listing the identity of 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. ATTACHMENT: A. Resolution Number 2008-09. B. Letter to Governor, President of the Senate and Speaker of the House of Representatives certifying compliance with new legislation and reporting commercial requests for social security numbers. RECOMMENDATION: The City Attorney recommends the City Commission review and approve the attached Resolution Number 2008-09. RESOLUTION N0.2008-49 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SOCIAL SECURITY NUMBER POLICY AND WRITTEN STATEMENT ADDRESSING THE CITY'S COLLECTION AND USE OF SOCIAL SECURITY NUMBERS; CERTIFYING COMPLIANCE WITH SECTION 119.071(5), FLORIDA STATUTES, TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2{b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission .recognizes that social security numbers were never intended to be used for business purposes but were intended to be used solely for the administration of the federal Social Security System; and WHEREAS, the City Commission further recognizes that over time, this unique numeric identifier has been used extensively for identity verification purposes and other legitimate consensual purposes; and WHEREAS, the Florida Legislature has recently amended Chapter 119, Florida Statutes, with regard to public agencies' collection and use of social security numbers; and WHEREAS, the City may not collect an individual's social security number unless it has stated in writing the purpose for collection and unless it is specifically authorized by law to do so, or it is imperative for the performance of that agency's duties and responsibilities as prescribed by law; and WHEREAS, the City Commission desires to adopt a formal policy addressing the City's use of social security numbers and to certify the City's compliance with applicable law to the President of the Senate and Speaker of the House of Representatives; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Resolution No. ?008-09 Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Social Security Number Policy. The City Commission hereby adopts the following policy with regard to the City's collection of social security numbers: A. The City of Winter Springs shall not collect an individual's social security number unless the City has stated in writing the purpose for its collection and unless it is: 1. Specifically authorized by law to do so; or 2. Imperative for the performance of the City's duties and responsibilities as prescribed by law. B. Social security numbers collected by the City shall not be used by the City for any purpose other than the purpose provided in the Notice. C. The City shall provide a Notice to each individual whose social security number is collected by the City. D. The City Clerk shall, by January 31st of each year, 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 in a report that is filed with the Executive Office of the Governor, the President of the Senate and the Speaker of the House of Representatives. If no such disclosure request were made in the preceding year, the City Clerk shall also indicate the same on the report. Section 3. Notice of Purpose of Request for Social Security Numbers. The City Commission hereby adopts the Notice of Purpose of Request for Social Security Numbers attached hereto as Exhibit "A" and fully incorporated herein by this reference ("Notice"}. Section 4. Certification of Compliance. The City Commission hereby certifies its compliance with section 114.071(5 ),Florida Statutes. The City Clerk is hereby directed to forward a copy of this Resolution to the President of the Senate and the Speaker of the House of Representatives as required by section 114.071(5)(a)4.b., Florida Statutes. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. City of Winter Springs Resolution No. 2008-09 Page 2 of 3 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this day of 2008. ATTEST: JOHN F. BUSH, Mayor ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2008-09 Page 3 of 3 EXHIBIT CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 NOTICE OF PURPOSE OF REQUEST FOR SOCIAL SECURITY NiTMBER Please be advised that the City of Winter Springs collects social security numbers for the following purposes: classification of accounts; identification and verification; billing and payments; credit collection purposes; data collection; reconciliation; cracking; employment purposes; benefit processing tax reporting; and police statements and arrests. Social Security numbers are also used as a unique numeric identifier and may be used for search purposes. This Notice is provided pursuant to section 119.071(5), Florida Statutes (2007). Please contact the City Clerk Department for additional information at (407) 327-5999. January 2008 ~~NT~R o~ S~~ ~ 2 "' ~ CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1 S00 January 29, 2008 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(', Florida Statutes (2007) Dear Governor Crist, President Pruitt and Speaker Rubio: Please allow this Letter and the enclosed Resolution Number 2008-09 certify the City of Winter Springs' compliance with section 119.071(5), Florida Statutes (2007). Additionally, pursuant to section 119.071(5)9., Florida Statutes, the City submits the following report regarding commercial requests for social security numbers: 1. According to our records, no such requests have been received by the City of Winter Springs in Calendar Year 2007. 2. However, for your information, our records reflect that the following request was made in Calendar Year 2005: Name of Commercial Entity Purpose for SSN Express Track Data (May 2005) Business Purpose Please do not hesitate to contact our office should additional information be needed. Sincerely, Andrea Lorezo-Luaces, City Clerk Enclosure RESOLUTION NO. 2008-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SOCIAL SECURITY NUMBER POLICY AND WRITTEN ST A TEMENT ADDRESSING THE CITY'S COLLECTION AND USE OF SOCIAL SECURITY NUMBERS; CERTIFYING COMPLIANCE WITH SECTION 119.071(5), FLORIDA STATUTES, TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission recognizes that social security numbers were never intended to be used for business purposes but were intended to be used solely for the administration of the federal Social Security System; and WHEREAS, the City Commission further recognizes that over time, this unique numeric identifier has been used extensively for identity verification purposes and other legitimate consensual purposes; and WHEREAS, the Florida Legislature has recently amended Chapter 119, Florida Statutes, with regard to public agencies' collection and use of social security numbers; and WHEREAS, the City may not collect an individual's social security number unless it has stated in writing the purpose for collection and unless it is specifically authorized by law to do so, or it is imperative for the performance of that agency's duties and responsibilities as prescribed by law; and WHEREAS, the City Commission desires to adopt a formal policy addressing the City's use of social security numbers and to certify the City's compliance with applicable law to the President of the Senate and Speaker of the House of Representatives; and WHEREAS, the City Commission ofthe City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Resolution No. 2008-09 Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Social Security Number Policy. The City Commission hereby adopts the following policy with regard to the City's collection of social security numbers: A. The City of Winter Springs shall not collect an individual's social security number unless the City has stated in writing the purpose for its collection and unless it is: 1. Specifically authorized by law to do so; or 2. Imperative for the performance of the City's duties and responsibilities as prescribed by law. B. Social security numbers collected by the City shall not be used by the City for any purpose other than the purpose provided in the Notice. C. The City shall provide a Notice to each individual whose social security number is collected by the City. D. The City Clerk shall, by January 31st of each year, 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 in a report that is filed with the Executive Office of the Governor, the President of the Senate and the Speaker of the House of Representatives. If no such disclosure request were made in the preceding year, the City Clerk shall also indicate the same on the report. Section 3. Notice of Purpose of Request for Social Security Numbers. The City Commission hereby adopts the Notice of Purpose of Request for Social Security Numbers attached hereto as Exhibit "A" and fully incorporated herein by this reference ("Notice"). Section 4. Certification of Compliance. The City Commission hereby certifies its compliance with section 119.071(5), Florida Statutes. The City Clerk is hereby directed to forward acopyofthis Resolution to the President of the Senate and the Speaker of the House of Representatives as required by section 119.071(5)(a)4.b., Florida Statutes. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. City of Winter Springs Resolution No. 2008-09 Page 2 of 3 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this 28thdayof January 2008. - ~, -'7 /&/4 ATTEST: A LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the~rings only: ____ ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2008-09 Page 3 of 3 EXHIBIT ~-- b I A CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 NOTICE OF PURPOSE OF REQUEST FOR SOCIAL SECURITY NUMBER Please be advised that the City of Winter Springs collects social security numbers for the following purposes: classification of accounts;, identification and verification; billing and payments; credit collection purposes; data collection; reconciliation; tracking; employment purposes; benefit processing tax reporting; and police statements and arrests. Social Security numbers are also used as a unique numeric identifier and may be used for search purposes. This Notice is provided pursuant to section 119.071(5), Florida Statutes (2007). Please contact the City Clerk Department for additional information at (407) 327-5999. January 2008