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HomeMy WebLinkAboutResolution 2008-02RESOLUTION NO. 2008-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, 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 Council 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 Council 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 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 Council 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 Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Resolution No. 2008 -02 Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD 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 Council hereby adopts the following policy with regard to the City's collection of social security numbers: A. The City of Cape Canaveral 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 written statement. C. The City shall provide a Notice to each individual whose social security number is collected by the City. D. The City shall notify each individual whose social security number is disclosed by the City in response to a written request for social security numbers made by a commercial entity engaged in the performance of a commercial activity pursuant to section 119.071(5)(a)7., Florida Statutes, as maybe amended. E. The City Clerk shall, by January 31 st 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 Council 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 Council hereby certifies its compliance with section 119.071(5), Florida Statutes. The City Clerk is hereby directed to forward a copy of this City of Cape Canaveral Resolution No. 2008 -02 Page 2 of 3 Resolution to the President of the Senate and the Speaker of the House of Representatives as r 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. 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 Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 5th day of February, 2008. f.� Cao‘),L4L(24L 44t *.N; ! ROCKY RANDEL , Mayor ATTEST: , t ca For Against '• Bob Hoog X gnu_ Apr Leo Nicholas Second SUSAN TILLS, City Clerk Rocky Randels X erg✓; r ,o, Shannon Roberts Motion 44v Cri,1 ' ! Buzz Petsos X Approved . t. legal form and sufficiency for the City :f C. - anaveral only: — A THONY A. GARGANESE, City Attorney City of Cape Canaveral Resolution No.2008-02 Page 3 of 3 EXHIBIT NOTICE OF PURPOSE OF REQUEST FOR SOCIAL SECURITY NUMBER Please be advised that the City of Cape Canaveral 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 office of the City Clerk for additional information at(321)868-1221.