Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 7040
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                

       The Committee on Governmental Oversight and Accountability
       (Legg) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 19 - 49
    4  and insert:
    5         (c) E-mail addresses collected by the Department of Highway
    6  Safety and Motor Vehicles pursuant to s. 319.40(3), s.
    7  320.95(2), or s. 322.08(8) are exempt from s. 119.07(1) and s.
    8  24(a), Art. I of the State Constitution. This exemption applies
    9  retroactively. This paragraph is subject to the Open Government
   10  Sunset Review Act in accordance with s. 119.15 and shall stand
   11  repealed on October 2, 2020, unless reviewed and saved from
   12  repeal through reenactment by the Legislature.
   13         Section 2. The Legislature finds that it is a public
   14  necessity that customers’ e-mail addresses collected and held by
   15  the Department of Highway Safety and Motor Vehicles for the
   16  purpose of conducting motor vehicle record and driver license
   17  transactions be made exempt from s. 119.07(1), Florida Statutes,
   18  and s. 24(a), Article I of the State Constitution. The federal
   19  Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et
   20  seq., as enacted and last amended in 2000, does not include e
   21  mail addresses among the types of personal information protected
   22  from disclosure. Customer use of e-mail addresses in conducting
   23  motor vehicle and driver license record transactions
   24  electronically with the department has significantly increased
   25  since 1994 and 2000. Under current law, the e-mail addresses
   26  collected by the department are public records and can be
   27  obtained by anyone for any purpose. However, these e-mail
   28  addresses are unique to each individual and, when combined with
   29  other personal identifying information, can be used for identity
   30  theft, consumer scams, unwanted solicitations, or other invasive
   31  contacts. The public availability of personal e-mail addresses
   32  puts department customers at increased risk of these problems.
   33  This risk may be significantly limited by permitting the
   34  department to keep customer e-mail addresses confidential. The
   35  Legislature finds that the risks to consumers outweigh the
   36  state’s public policy favoring open government.
   38  ================= T I T L E  A M E N D M E N T ================
   39  And the title is amended as follows:
   40         Delete line 4
   41  and insert:
   42         records requirements for e-mail addresses