AGENDA MEMORANDUM

 

 

Meeting Date:           January 28, 2008

 

From:                          Betty M. Richardson, City Clerk

 

Subject:                      Resolution adopting a Social Security Number Collection Policy

 

 

Staff Recommendation:

Staff recommends approval of a Social Security Number Collection Policy.

 

Analysis:

The Florida Legislature adopted new requirements October 1, 2007, relating to the collection and dissemination of Social Security numbers by all “agencies” in Florida.  

 

The law has two primary parts relating to collecting social security numbers:

1. Adopt a written statement on the collection of Social Security numbers which must be provided to an individual when the City collects that individual’s Social Security number.  The City requires the individual receiving the policy to sign a statement they have received the policy.  The statement will be filed in the respective departments; and City Clerk’s office will certify compliance to the Legislature no later than January 31, 2008; and

2. Maintain 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.  Each commercial entity requesting social security numbers must provide information, listed in the resolution, 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.  The City’s policy and resolution mandate that all requests for social security numbers must be referred to the City Clerk.

 

Options:

1.  Approve the resolution adopting the Social Security Number Collection Policy, or

2.  Such alternative action as the Commission may deem appropriate

 

 

Fiscal Impact

None

 


Submission Date and Time:    1/24/2008 2:02 PM____

 

Department: ______________________

Prepared by:  ______________________                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


RESOLUTION __________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, ADOPTING A SOCIAL SECURITY NUMBER COLLECTION POLICY, PURSUANT TO FLORIDA STATUTE 119.071(5); AND PROVIDING AN EFFECTIVE DATE.

 

 

            WHEREAS, the Florida Legislature adopted new requirements relating to the collection and dissemination of Social Security numbers by all “agencies” in Florida under Florida Statute 119.071(5),

 

            WHEREAS, the Florida Legislature acknowledges that Social Security numbers were never intended to be used for business purposes, but intended to be used solely for administration of the federal Social Security system.   Recognizing that Social Security numbers can be used as a tool to perpetuate fraud, the Legislature adopted new requirements:

 

(1)    an agency may not collect an individual’s Social Security number unless the agency has stated in writing the purpose for its collection;

(2)    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;

(3)    an agency collecting an individual’s Social Security number must provide that individual with a copy of the written statement;

(4)    each agency shall review whether its collection of Social Security numbers is in compliance with Section 119.071(5), Florida Statutes; and

(5)    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.

 

WHEREAS, Florida Statute 119.071(5) 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 statute provides 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:

 

(1)    verify the written request under penalties of perjury as provided in Section 92.525, Florida Statutes;

(2)    the written request must be legibly signed by an authorized officer, employee, or agent of the commercial entity;

(3)    the written request must contain the commercial entity’s name, business mailing and location addresses, and business telephone number; and

(4)    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.

 

WHEREAS, all public records requests for social security numbers must be referred to the City Clerk

 

WHEREAS, 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 31st 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. 

 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA,

 

THAT the attached Social Security Number Collection Policy is hereby adopted as an official policy of the City of Leesburg, to govern (together will applicable provisions of State and Federal law as they now exist or as they may hereafter be amended) the collection, use, retention, and dissemination of Social Security Number information.  And further,

 

THAT this resolution shall become effective immediately upon its adoption.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg at the regular meeting held January 28, 2008.

 

 

 

                                                                        __________________________________

                                                                        Mayor

 

 

 

ATTEST:

 

 

_______________________________________

City Clerk

 


CITY OF LEESBURG, FLORIDA

SOCIAL SECURITY NUMBER COLLECTION POLICY

 

 

Florida Statute 119.071(5) provides that a “commercial entity” engaged in performance of a “commercial activity” may access Social Security numbers through a public records request under specified conditions.  The statute provides 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. 

 

The City of Leesburg, Florida is required to have a written Social Security number collection policy.  This policy must be provided to an individual when the City of Leesburg collects that individual’s Social Security number.

 

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.

 

All public records requests for Social Security numbers must be referred to the City Clerk.

 

The City of Leesburg, Florida, collects your social security number for any of the following purposes:

 

(1)               Classification of accounts, Identification and verification, Credit worthiness, Billing and payments, Data collection, reconciliation, tracking benefit processing, tax reporting;

(2)               To facilitate collection of debts on past due accounts including utility accounts;

(3)               To conduct credit checks on potential utility customers

(4)               To verify identity

(5)               To render IRS Form 1099 to persons for whom Federal law requires the City to issue that form;

(6)               To conduct background checks on possible vendors, employees, or independent contractors

(7)               To complete fingerprint cards as necessary

(8)               For arrest warrants or affidavits

(9)               For issuance of taxi or peddler/solicitor permits

(10)           For checks and confirmations of warrants

(11)           For suspect reports

(12)           For the following purposes related to Human Resources Department:

a.                   Applicant Tracking

b.                  Child Support Enforcement

c.                   Internal Revenue Service Levies

d.                  Savings Bonds

e.                   Insurance coverage

f.                    Payroll deductions

g.                   Employee evaluations

h.                  Pension and benefits

i.                    Workers Compensation

j.                    Verification of employment

k.                  ICMA (International City Manager Association) Pension or Benefit payments

l.                    Unemployment taxes and quarterly reports

m.                Collection and remittance of taxes

n.                  Personnel Identification

o.                  Computer Purchase Agreements

p.                  Family Medical Leave Act paperwork

q.                  General Personnel Matters

 

Social Security numbers are also used as a unique numeric identifier and may be used for search purposes.  Social Security numbers will not be disseminated to the public except as provided by applicable State of Florida and Federal law as now in effect or as hereafter amended.

 

Each person receiving the Social Security Number Collection Policy must sign a statement that they received this policy.

 

 

 

 

 

 

 

Adopted January 28, 2008