Florida Senate - 2020                             CS for SB 1030
       
       
        
       By the Committee on Infrastructure and Security; and Senator
       Stargel
       
       
       
       
       596-02446-20                                          20201030c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0712, F.S.; creating public records exemptions for
    4         certain information contained in any record that
    5         pertains to a vessel title or vessel registration
    6         issued by the Department of Highway Safety and Motor
    7         Vehicles; providing exemptions from public records
    8         requirements for electronic mail addresses and
    9         cellular telephone numbers collected by the
   10         department; providing for retroactive application;
   11         requiring disclosure of confidential information under
   12         certain circumstances; providing for future
   13         legislative review and repeal of the exemptions;
   14         providing statements of public necessity; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (2) of section 119.0712, Florida
   20  Statutes, is amended to read:
   21         119.0712 Executive branch agency-specific exemptions from
   22  inspection or copying of public records.—
   23         (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
   24         (a) For purposes of this subsection, the term “motor
   25  vehicle record” means any record that pertains to a motor
   26  vehicle operator’s permit, motor vehicle title, motor vehicle
   27  registration, or identification card issued by the Department of
   28  Highway Safety and Motor Vehicles.
   29         (b) Personal information, including highly restricted
   30  personal information as defined in 18 U.S.C. s. 2725, contained
   31  in a motor vehicle record is confidential pursuant to the
   32  federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss.
   33  2721 et seq. Such information may be released only as authorized
   34  by that act; however, information received pursuant to that act
   35  may not be used for mass commercial solicitation of clients for
   36  litigation against motor vehicle dealers.
   37         (c)1. Personal information, including highly restricted
   38  personal information, contained in any record that pertains to a
   39  vessel title or vessel registration issued by the Department of
   40  Highway Safety and Motor Vehicles is confidential and exempt
   41  from s. 119.07(1) and s. 24(a), Art. I of the State
   42  Constitution. Such information in a vessel record may be
   43  released only in the same manner provided for a motor vehicle
   44  record pursuant to the Driver’s Privacy Protection Act of 1994,
   45  18 U.S.C. ss. 2721 et seq. This exemption applies to vessel
   46  records held on or after the effective date of this exemption.
   47         2. This paragraph is subject to the Open Government Sunset
   48  Review Act in accordance with s. 119.15 and shall stand repealed
   49  on October 2, 2025, unless reviewed and saved from repeal
   50  through reenactment by the Legislature.
   51         (d)1.Electronic mail E-mail addresses and cellular
   52  telephone numbers collected by the Department of Highway Safety
   53  and Motor Vehicles or its agent tax collectors pursuant to
   54  chapter 319, chapter 320, chapter 322, chapter 324, or chapter
   55  328 s. 319.40(3), s. 320.95(2), or s. 322.08(9) are exempt from
   56  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   57  This exemption applies to electronic mail addresses and cellular
   58  telephone numbers held before, on, or after the effective date
   59  of this exemption retroactively.
   60         2. The department shall disclose such electronic mail
   61  addresses or cellular telephone numbers to its tax collector
   62  agents to send electronic communications to such electronic mail
   63  addresses or cellular telephone numbers for the purpose of
   64  providing information, including, but not limited to, the
   65  issuance of titles, registrations, disabled parking permits,
   66  driver licenses, and identification cards; renewal notices; or
   67  the tax collector’s office locations, hours of operation,
   68  contact information, driving skills testing locations,
   69  appointment scheduling information, or website information.
   70         3. This paragraph is subject to the Open Government Sunset
   71  Review Act in accordance with s. 119.15 and shall stand repealed
   72  on October 2, 2025 2020, unless reviewed and saved from repeal
   73  through reenactment by the Legislature.
   74         (e)(d)1. Emergency contact information contained in a motor
   75  vehicle record is confidential and exempt from s. 119.07(1) and
   76  s. 24(a), Art. I of the State Constitution.
   77         2. Without the express consent of the person to whom such
   78  emergency contact information applies, the emergency contact
   79  information contained in a motor vehicle record may be released
   80  only to law enforcement agencies for purposes of contacting
   81  those listed in the event of an emergency.
   82         Section 2. (1) The Legislature finds that it is a public
   83  necessity that personal information, including highly restricted
   84  personal information, contained in any record that pertains to a
   85  vessel title or vessel registration issued by the Department of
   86  Highway Safety and Motor Vehicles be made confidential and
   87  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   88  Article I of the State Constitution. Motorist personal
   89  information, when held by the Department of Highway Safety and
   90  Motor Vehicles in motor vehicle records, is confidential
   91  pursuant to the Driver’s Privacy Protection Act of 1994, 18
   92  U.S.C. ss. 2721 et seq., and s. 119.0712(2), Florida Statutes.
   93  These restrictions on the disclosure of motorist personal
   94  information do not apply to vessel titles or vessel
   95  registrations. Because the personal information in vessel
   96  records comprises much of the same information contained in
   97  motor vehicle records, when personal information revealed in
   98  vessel records is made available to the public, the protections
   99  afforded by the Driver’s Privacy Protection Act of 1994, 18
  100  U.S.C. ss. 2721 et seq., are significantly undermined, eroding
  101  the privacy and safety of motorists. Therefore, the Legislature
  102  finds that it is a public necessity to make personal information
  103  contained in such vessel records confidential and exempt from
  104  public records requirements.
  105         (2)The Legislature finds that it is a public necessity
  106  that electronic mail addresses and cellular telephone numbers
  107  collected by the Department of Highway Safety and Motor Vehicles
  108  and its tax collector agents pursuant to chapter 319, chapter
  109  320, chapter 322, chapter 324, or chapter 328, Florida Statutes,
  110  be made confidential and exempt from s. 119.07(1), Florida
  111  Statutes, and section 24(a), Article I of the State
  112  Constitution. In order to communicate more effectively with
  113  motorists through enhancements in information technology,
  114  including efforts of the Motorist Modernization project, the
  115  Department of Highway Safety and Motor Vehicles seeks to
  116  increase communications with motorists through electronic mail
  117  and text messaging. If the electronic mail addresses or cellular
  118  telephone numbers of motorists are made available to the public,
  119  the impact on motorist privacy and risk of unsolicited
  120  commercial solicitation by electronic mail or text message would
  121  have an undesirable chilling effect on motorists’ voluntary use
  122  of electronic portals to communicate with the department,
  123  thereby undermining the effective use of these enhancements in
  124  information technology. Therefore, the Legislature finds that it
  125  is a public necessity to make such electronic mail addresses and
  126  cellular telephone numbers collected by the Department of
  127  Highway Safety and Motor Vehicles confidential and exempt from
  128  public records requirements. The Legislature further finds that
  129  this public records exemption must be given retroactive
  130  application because it is remedial in nature.
  131         Section 3. This act shall take effect July 1, 2020.