FLORIDA DIVISION OF WORKERS' COMPENSATION, APPELLANT,
v.
RICARDO CAGNOLI, ET AL., APPELLEES

Fla. | 2005-11-03
No. SC05-220
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
914 So. 2d 950 Florida Supreme Court (2005) Positive Treatment
Cited by 2 cases

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Synopsis

The Florida Supreme Court upheld a First District Court of Appeal decision invalidating a Florida workers' compensation statute requiring claimants to provide social security numbers, finding that the requirement violated the federal Privacy Act of 1974.


Holding

The requirement violates the federal Privacy Act because section 440.192 was enacted in 1980, which is after the January 1, 1975 cutoff date for the Privacy Act's exception for pre-existing statutes and regulations requiring social security disclosure for identity verification.


Headnotes

[1] A state statute requiring the disclosure of a social security number to obtain workers' compensation benefits violates the federal Privacy Act of 1974 when the statute wa…

[2] A state agency cannot deny an individual a right, benefit, or privilege provided by law because of the individual's refusal to disclose their social security account numb…

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Key Quotes

“(a)(1) It shall be unlawful for any Federal, State, or local government agency to deny any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.”

Core prohibition of the federal Privacy Act that Florida's statute violated

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Facts & Procedural History

Ricardo Cagnoli filed a petition for workers' compensation benefits but failed to include a social security number as required by section 440.192, Flo…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We have on appeal a decision of a district court of appeal declaring invalid a state statute. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. The First District Court of Appeal succinctly stated the relevant facts and reached a decision as follows:

Claimant, Ricardo Cagnoli, challenges a final order striking his petition for workers’ compensation benefits for failing to include a social security number as required by section 440.192, Florida Statutes. Claimant raises a number of issues, including whether the requirement of including a social security number violates section 7 of the federal Privacy Act of 1974, at 5 U.S.C. § 552a note. We agree with claimant that the requirement does in fact violate the fed eral statute. It is, therefore, unnecessary for us to reach the other issues raised by appellant.

Section 7 of the Privacy Act provides, in relevant part, as follows:

(a)(1) It shall be unlawful for any Federal, State, or local government agency to deny any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose his social security account number. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to—

(B) The disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual.

The exception provided in section 7(a)(2)(B) of the Privacy Act would not apply to section 440.192, Florida Statutes, requiring injured workers to list their social security number, because section 440.192 was not enacted until 1980. We have reviewed other exceptions to the Privacy Act, including those contained in section 42 U.S.C. § 405, and find none to be applicable.

We, therefore, determine that the Judge of Compensation Claims erred in dismissing the petition for benefits and direct that the claim be reinstated.

Cagnoli v. Tandem Staffing, 888 So. 2d 79, 80 (Fla. 1st DCA 2004) (footnote omitted). We affirm the First District’s decision, adopt the First District’s opinion, and remand the case for further proceedings.

It is so ordered.

PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.

Footnotes
5 U.S.C. § 552a note.

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Citator

Cited By

  • Gollie v. Econ River Hosp. & Hartford, 920 So. 2d 1215 (Fla. 1st DCA 2006)
    …We reverse and remand the order dismissing claimant’s petition for benefits with directions that the claim be reinstated. Cagnoli v. Tandem Staffing, 888 So. 2d 79 (Fla. 1st DCA 2004), aff'd sub nom., Fla. Div. of Workers’ Compensation v. Cagnoli 914 So. 2d 950 (Fla.2005). ERVIN, WOLF and DAVIS, JJ., concur.…

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