Senate Bill 2110c1

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    Florida Senate - 1999                           CS for SB 2110

    By the Committee on Transportation and Senator Saunders





    306-2127-99

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; revising the exemption from

  4         public records requirements for personal

  5         information contained in a motor vehicle

  6         record; specifying that such personal

  7         information includes a person's photograph;

  8         providing conditions for the disclosure of

  9         social security numbers; providing that

10         photographic or digital images shall not be

11         knowingly disclosed except as provided in s.

12         322.142, F.S.; repealing s. 322.142(5) and (6),

13         F.S., which authorize the Department of Highway

14         Safety and Motor Vehicles to sell copies of

15         photographs, other images, and other driver's

16         license and identification card information

17         under certain conditions; providing an

18         effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Paragraph (bb) of subsection (3) of section

23  119.07, Florida Statutes, 1998 Supplement, is amended to read:

24         119.07  Inspection, examination, and duplication of

25  records; exemptions.--

26         (3)

27         (bb)  Upon a request made in a form designated by the

28  Department of Highway Safety and Motor Vehicles, personal

29  information contained in a motor vehicle record that

30  identifies the requester is exempt from subsection (1) and s.

31  24(a), Art. I of the State Constitution except as provided in

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    Florida Senate - 1999                           CS for SB 2110
    306-2127-99




  1  this paragraph.  Personal information includes, but is not

  2  limited to, the requester's social security number,

  3  photograph, driver identification number, name, address,

  4  telephone number, and medical or disability information.  For

  5  purposes of this paragraph, personal information does not

  6  include information relating to vehicular crashes, driving

  7  violations, and driver's status.  Such request may be made

  8  only by the person who is the subject of the motor vehicle

  9  record.  For purposes of this paragraph, "motor vehicle

10  record" means any record that pertains to a motor vehicle

11  operator's permit, motor vehicle title, motor vehicle

12  registration, or identification card issued by the Department

13  of Highway Safety and Motor Vehicles. Personal information

14  contained in motor vehicle records exempted by an individual's

15  request pursuant to this paragraph shall be released by the

16  department for any of the following uses:

17         1.  For use in connection with matters of motor vehicle

18  or driver safety and theft; motor vehicle emissions; motor

19  vehicle product alterations, recalls, or advisories;

20  performance monitoring of motor vehicles and dealers by motor

21  vehicle manufacturers; and removal of nonowner records from

22  the original owner records of motor vehicle manufacturers, to

23  carry out the purposes of the Automobile Information

24  Disclosure Act, the Motor Vehicle Information and Cost Saving

25  Act, the National Traffic and Motor Vehicle Safety Act of

26  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

27         2.  For use by any government agency, including any

28  court or law enforcement agency, in carrying out its

29  functions, or any private person or entity acting on behalf of

30  a federal, state, or local agency in carrying out its

31  functions.

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    Florida Senate - 1999                           CS for SB 2110
    306-2127-99




  1         3.  For use in connection with matters of motor vehicle

  2  or driver safety and theft; motor vehicle emissions; motor

  3  vehicle product alterations, recalls, or advisories;

  4  performance monitoring of motor vehicles, motor vehicle parts,

  5  and dealers; motor vehicle market research activities,

  6  including survey research; and removal of nonowner records

  7  from the original owner records of motor vehicle

  8  manufacturers.

  9         4.  For use in the normal course of business by a

10  legitimate business or its agents, employees, or contractors,

11  but only:

12         a.  To verify the accuracy of personal information

13  submitted by the individual to the business or its agents,

14  employees, or contractors; and

15         b.  If such information as so submitted is not correct

16  or is no longer correct, to obtain the correct information,

17  but only for the purposes of preventing fraud by, pursuing

18  legal remedies against, or recovering on a debt or security

19  interest against, the individual.

20         5.  For use in connection with any civil, criminal,

21  administrative, or arbitral proceeding in any court or agency

22  or before any self-regulatory body for:

23         a.  Service of process by any certified process server,

24  special process server, or other person authorized to serve

25  process in this state.

26         b.  Investigation in anticipation of litigation by an

27  attorney licensed to practice law in this state or the agent

28  of the attorney.

29         c.  Investigation by any person in connection with any

30  filed proceeding.

31         d.  Execution or enforcement of judgments and orders.

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    Florida Senate - 1999                           CS for SB 2110
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  1         e.  Compliance with an order of any court.

  2         6.  For use in research activities and for use in

  3  producing statistical reports, so long as the personal

  4  information is not published, redisclosed, or used to contact

  5  individuals.

  6         7.  For use by any insurer or insurance support

  7  organization, or by a self-insured entity, or its agents,

  8  employees, or contractors, in connection with claims

  9  investigation activities, anti-fraud activities, rating, or

10  underwriting.

11         8.  For use in providing notice to the owners of towed

12  or impounded vehicles.

13         9.  For use by any licensed private investigative

14  agency or licensed security service for any purpose permitted

15  under this paragraph. Personal information obtained based on

16  an exempt driver's record may not be provided to a client who

17  cannot demonstrate a need based on a police report, court

18  order, or a business or personal relationship with the subject

19  of the investigation.

20         10.  For use by an employer or its agent or insurer to

21  obtain or verify information relating to a holder of a

22  commercial driver's license that is required under the

23  Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.

24  2710 et seq.

25         11.  For use in connection with the operation of

26  private toll transportation facilities.

27         12.  For bulk distribution for surveys, marketing, or

28  solicitations when the department has implemented methods and

29  procedures to ensure that:

30         a.  Individuals are provided an opportunity, in a clear

31  and conspicuous manner, to prohibit such uses; and

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    Florida Senate - 1999                           CS for SB 2110
    306-2127-99




  1         b.  The information will be used, rented, or sold

  2  solely for bulk distribution for survey, marketing, and

  3  solicitations, and that surveys, marketing, and solicitations

  4  will not be directed at those individuals who have timely

  5  requested that they not be directed at them.

  6         13.  For any use if the requesting person demonstrates

  7  that he or she has obtained the written consent of the person

  8  who is the subject of the motor vehicle record.

  9         14.  For any other use specifically authorized by state

10  law, if such use is related to the operation of a motor

11  vehicle or public safety.

12

13  The department shall not knowingly disclose or otherwise make

14  available to any person the social security number contained

15  in motor vehicle records except when the person has

16  demonstrated to the department in writing that he or she

17  complies with the guidelines of the Individual References

18  Services Group, on file with the Federal Trade Commission,

19  that limit the distribution of social security numbers, or

20  that he or she is allowed personal identifying information

21  under subparagraph 2., subparagraph 4., subparagraph 5.,

22  subparagraph 7., subparagraph 9., subparagraph 10., or

23  subparagraph 12. In addition, the department shall not

24  knowingly disclose or otherwise make available any

25  photographic or digital images from motor vehicle records

26  except as provided in s. 322.142. Personal information

27  exempted from public disclosure according to this paragraph

28  may be disclosed by the Department of Highway Safety and Motor

29  Vehicles to an individual, firm, corporation, or similar

30  business entity whose primary business interest is to resell

31  or redisclose the personal information to persons who are

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    Florida Senate - 1999                           CS for SB 2110
    306-2127-99




  1  authorized to receive such information.  Prior to the

  2  department's disclosure of personal information, such

  3  individual, firm, corporation, or similar business entity must

  4  first enter into a contract with the department regarding the

  5  care, custody, and control of the personal information to

  6  ensure compliance with the federal Driver's Privacy Protection

  7  Act of 1994 and applicable state laws. An authorized recipient

  8  of personal information contained in a motor vehicle record,

  9  except a recipient under subparagraph 12., may contract with

10  the Department of Highway Safety and Motor Vehicles to resell

11  or redisclose the information for any use permitted under this

12  paragraph. However, only authorized recipients of personal

13  information under subparagraph 12. may resell or redisclose

14  personal information pursuant to subparagraph 12. Any

15  authorized recipient who resells or rediscloses personal

16  information shall maintain, for a period of 5 years, records

17  identifying each person or entity that receives the personal

18  information and the permitted purpose for which it will be

19  used. Such records shall be made available for inspection upon

20  request by the department. The department shall adopt rules to

21  carry out the purposes of this paragraph and the federal

22  Driver's Privacy Protection Act of 1994, Title XXX, Pub. L.

23  No. 103-322. Rules adopted by the department shall provide for

24  the payment of applicable fees and, prior to the disclosure of

25  personal information pursuant to this paragraph, shall require

26  the meeting of conditions by the requesting person for the

27  purposes of obtaining reasonable assurance concerning the

28  identity of such requesting person, and, to the extent

29  required, assurance that the use will be only as authorized or

30  that the consent of the person who is the subject of the

31  personal information has been obtained.  Such conditions may

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    Florida Senate - 1999                           CS for SB 2110
    306-2127-99




  1  include, but need not be limited to, the making and filing of

  2  a written application in such form and containing such

  3  information and certification requirements as the department

  4  requires.

  5         Section 2.  Subsections (5) and (6) of section 322.142,

  6  Florida Statutes, 1998 Supplement, are repealed.

  7         Section 3.  This act shall take effect upon becoming a

  8  law.

  9

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                             SB 2110

12

13  The CS deletes a provision exempting personal information in
    all motor vehicle records from public disclosure, unless the
14  information is used for specified business or government
    purposes. The CS restores language allowing individuals to
15  request their personal information be withheld from public
    disclosure.
16
    The CS repeals chapter 98-223, which authorized DHSMV to
17  release all driver license photographs, digital images, and
    other driver's license and state identification card
18  information if such information is used solely for the
    prevention of fraud.
19
    The CS prohibits DHSMV from releasing the social security
20  number to a request or unless that person has demonstrated
    compliance with the guidelines of the Individual References
21  Services Group or is allowed to receive such information under
    specified paragraphs of this section. The CS also deletes a
22  statement of public necessity.

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