ENROLLED 2015 Legislature CS for CS for SB 7040 20157040er 1 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. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 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.— 18 (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.— 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 This paragraph is subject to the Open Government 24 Sunset Review Act in accordance with s. 119.15 and shall stand 25 repealed on October 2, 2020, unless reviewed and saved from 26 repeal through reenactment by the Legislature. 27 Section 2.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 Such risk may be significantly limited by permitting the 48 department to keep customer e-mail addresses exempt. 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.