Florida Senate - 2015                             CS for SB 7040
       By the Committees on Governmental Oversight and Accountability;
       and Transportation
       585-02714-15                                          20157040c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0712, F.S.; providing an exemption from public
    4         records requirements for e-mail addresses collected by
    5         the Department of Highway Safety and Motor Vehicles;
    6         providing for future review and repeal of the
    7         exemption; providing a statement of public necessity;
    8         providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Present paragraph (c) of subsection (2) of
   13  section 119.0712, Florida Statutes, is redesignated as paragraph
   14  (d), and a new paragraph (c) is added to that subsection, to
   15  read:
   16         119.0712 Executive branch agency-specific exemptions from
   17  inspection or copying of public records.—
   19         (c) E-mail addresses collected by the Department of Highway
   20  Safety and Motor Vehicles pursuant to s. 319.40(3), s.
   21  320.95(2), or s. 322.08(8) are exempt from s. 119.07(1) and s.
   22  24(a), Art. I of the State Constitution. This exemption applies
   23  retroactively. This paragraph is subject to the Open Government
   24  Sunset Review Act in accordance with s. 119.15 and shall stand
   25  repealed on October 2, 2020, unless reviewed and saved from
   26  repeal through reenactment by the Legislature.
   27         Section 2. The Legislature finds that it is a public
   28  necessity that customers’ e-mail addresses collected and held by
   29  the Department of Highway Safety and Motor Vehicles for the
   30  purpose of conducting motor vehicle record and driver license
   31  transactions be made exempt from s. 119.07(1), Florida Statutes,
   32  and s. 24(a), Article I of the State Constitution. The federal
   33  Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et
   34  seq., as enacted and last amended in 2000, does not include e
   35  mail addresses among the types of personal information protected
   36  from disclosure. Customer use of e-mail addresses in conducting
   37  motor vehicle and driver license record transactions
   38  electronically with the department has significantly increased
   39  since 1994 and 2000. Under current law, the e-mail addresses
   40  collected by the department are public records and can be
   41  obtained by anyone for any purpose. However, these e-mail
   42  addresses are unique to each individual and, when combined with
   43  other personal identifying information, can be used for identity
   44  theft, consumer scams, unwanted solicitations, or other invasive
   45  contacts. The public availability of personal e-mail addresses
   46  puts department customers at increased risk of these problems.
   47  This risk may be significantly limited by permitting the
   48  department to keep customer e-mail addresses confidential. The
   49  Legislature finds that the risks to consumers outweigh the
   50  state’s public policy favoring open government.
   51         Section 3. This act shall take effect July 1, 2015.