Senate Bill sb2416
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Florida Senate - 2003 SB 2416
By Senator Sebesta
16-1151-03
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.07, F.S.; providing an exemption from the
4 public-records law for personal information
5 contained in a motor vehicle registration
6 record; removing the requirement that such
7 exemption be at the request of the person who
8 is the subject of the record; providing
9 conditions under which personal information may
10 be released at the request of a party to a
11 pending administrative, court, or other
12 proceeding; providing conditions for release if
13 a proceeding is not pending; providing a
14 statement of public necessity; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Paragraph (aa) of subsection (3) of section
20 119.07, Florida Statutes, is amended to read:
21 119.07 Inspection, examination, and duplication of
22 records; exemptions.--
23 (3)
24 (aa) Upon a request made in a form designated by the
25 Department of Highway Safety and Motor Vehicles, Personal
26 information contained in a motor vehicle record which that
27 identifies the motor vehicle registrant requester is exempt
28 from subsection (1) and s. 24(a), Art. I of the State
29 Constitution except as provided in this paragraph. Personal
30 information includes, but is not limited to, the requester's
31 social security number, driver identification number, name,
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Florida Senate - 2003 SB 2416
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1 address, telephone number, and medical or disability
2 information. For purposes of this paragraph, personal
3 information does not include information relating to vehicular
4 crashes, driving violations, and driver's status. Such
5 request may be made only by the person who is the subject of
6 the motor vehicle record. For purposes of this paragraph,
7 "motor vehicle record" means any record that pertains to a
8 motor vehicle operator's permit, motor vehicle title, motor
9 vehicle registration, or identification card issued by the
10 Department of Highway Safety and Motor Vehicles. Personal
11 information contained in motor vehicle records exempted by an
12 individual's request pursuant to this paragraph shall be
13 released by the department for any of the following uses:
14 1. For use in connection with matters of motor vehicle
15 or driver safety and theft; motor vehicle emissions; motor
16 vehicle product alterations, recalls, or advisories;
17 performance monitoring of motor vehicles and dealers by motor
18 vehicle manufacturers; and removal of nonowner records from
19 the original owner records of motor vehicle manufacturers, to
20 carry out the purposes of the Automobile Information
21 Disclosure Act, the Motor Vehicle Information and Cost Saving
22 Act, the National Traffic and Motor Vehicle Safety Act of
23 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.
24 2. For use by any government agency, including any
25 court or law enforcement agency, in carrying out its
26 functions, or any private person or entity acting on behalf of
27 a federal, state, or local agency in carrying out its
28 functions.
29 3. For use in connection with matters of motor vehicle
30 or driver safety and theft; motor vehicle emissions; motor
31 vehicle product alterations, recalls, or advisories;
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Florida Senate - 2003 SB 2416
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1 performance monitoring of motor vehicles, motor vehicle parts,
2 and dealers; motor vehicle market research activities,
3 including survey research; and removal of nonowner records
4 from the original owner records of motor vehicle
5 manufacturers.
6 4. For use in the normal course of business by a
7 legitimate business or its agents, employees, or contractors,
8 but only:
9 a. To verify the accuracy of personal information
10 submitted by the individual to the business or its agents,
11 employees, or contractors; and
12 b. If such information as so submitted is not correct
13 or is no longer correct, to obtain the correct information,
14 but only for the purposes of preventing fraud by, pursuing
15 legal remedies against, or recovering on a debt or security
16 interest against, the individual.
17 5. For use in connection with any civil, criminal,
18 administrative, or arbitral proceeding in any court or agency
19 or before any self-regulatory body for:
20 a. Service of process by any certified process server,
21 special process server, or other person authorized to serve
22 process in this state.
23 b. Investigation in anticipation of litigation on
24 behalf of a client by an attorney licensed to practice law in
25 this state or the agent of the attorney.
26 c. Investigation by any person in connection with any
27 filed proceeding.
28 d. Execution or enforcement of judgments and orders.
29 e. Compliance with an order of any court.
30 6. For use in research activities and for use in
31 producing statistical reports, so long as the personal
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1 information is not published, redisclosed, or used to contact
2 individuals.
3 7. For use by any insurer or insurance support
4 organization, or by a self-insured entity, or its agents,
5 employees, or contractors, in connection with claims
6 investigation activities, anti-fraud activities, rating, or
7 underwriting.
8 8. For use in providing notice to the owners of towed
9 or impounded vehicles.
10 9. For use by any licensed private investigative
11 agency or licensed security service for any purpose permitted
12 under this paragraph. Personal information obtained based on
13 an exempt driver's record may not be provided to a client who
14 cannot demonstrate a need based on a police report, court
15 order, or a business or personal relationship with the subject
16 of the investigation.
17 10. For use by an employer or its agent or insurer to
18 obtain or verify information relating to a holder of a
19 commercial driver's license that is required under the
20 Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.
21 2710 et seq.
22 11. For use in connection with the operation of
23 private toll transportation facilities.
24 12. For bulk distribution for surveys, marketing, or
25 solicitations when the department has implemented methods and
26 procedures to ensure that:
27 a. Individuals are provided an opportunity, in a clear
28 and conspicuous manner, to prohibit such uses; and
29 b. The information will be used, rented, or sold
30 solely for bulk distribution for survey, marketing, and
31 solicitations, and that surveys, marketing, and solicitations
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1 will not be directed at those individuals who have timely
2 requested that they not be directed at them.
3 13. For any use if the requesting person demonstrates
4 that he or she has obtained the written consent of the person
5 who is the subject of the motor vehicle record.
6 14. For any other use specifically authorized by state
7 law, if such use is related to the operation of a motor
8 vehicle or public safety.
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10 Personal information exempted from public disclosure according
11 to this paragraph may be disclosed by the Department of
12 Highway Safety and Motor Vehicles to an individual, firm,
13 corporation, or similar business entity whose primary business
14 interest is to resell or redisclose the personal information
15 to persons who are authorized to receive such information.
16 Prior to the department's disclosure of personal information,
17 such individual, firm, corporation, or similar business entity
18 must first enter into a contract with the department regarding
19 the care, custody, and control of the personal information to
20 ensure compliance with the federal Driver's Privacy Protection
21 Act of 1994 and applicable state laws. An authorized recipient
22 of personal information contained in a motor vehicle record,
23 except a recipient under subparagraph 12., may contract with
24 the Department of Highway Safety and Motor Vehicles to resell
25 or redisclose the information for any use permitted under this
26 paragraph. However, only authorized recipients of personal
27 information under subparagraph 12. may resell or redisclose
28 personal information pursuant to subparagraph 12. Any
29 authorized recipient who resells or rediscloses personal
30 information shall maintain, for a period of 5 years, records
31 identifying each person or entity that receives the personal
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1 information and the permitted purpose for which it will be
2 used. Such records shall be made available for inspection upon
3 request by the department. Personal information sought under
4 sub-subparagraph 5.b., sub-subparagraph 5.c., or
5 sub-subparagraph 5.d. shall be released only if, at the
6 request of a party to a pending proceeding, the court finds
7 that cause exists under subparagraph 5. to release the
8 information. Upon such finding, the court shall issue a
9 subpoena to be served on the department for such information.
10 If proceedings are not pending, before releasing such personal
11 information, the department shall require that an attorney
12 certify in writing that the personal information sought is
13 reasonably calculated to lead to the discovery of evidence
14 that would be admissible at trial if a proceeding were to be
15 instituted. The department shall adopt rules to carry out the
16 purposes of this paragraph and the federal Driver's Privacy
17 Protection Act of 1994, Title XXX, Pub. L. No. 103-322. Rules
18 adopted by the department shall provide for the payment of
19 applicable fees and, prior to the disclosure of personal
20 information pursuant to this paragraph, shall require the
21 meeting of conditions by the requesting person for the
22 purposes of obtaining reasonable assurance concerning the
23 identity of such requesting person, and, to the extent
24 required, assurance that the use will be only as authorized or
25 that the consent of the person who is the subject of the
26 personal information has been obtained. Such conditions may
27 include, but need not be limited to, the making and filing of
28 a written application in such form and containing such
29 information and certification requirements as the department
30 requires.
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1 Section 2. The Legislature finds that it is a public
2 necessity that personal information contained in motor vehicle
3 records be exempt from public disclosure because such
4 information is of a sensitive, personal nature and disclosure
5 of such information would create the opportunity for criminal
6 activity against the persons whose information is revealed.
7 Section 3. This act shall take effect upon becoming a
8 law.
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11 SENATE SUMMARY
12 Exempts from the public-records law personal information
contained in a motor vehicle registration record. Removes
13 a requirement that such information is confidential only
upon a request to the Department of Highway Safety and
14 Motor Vehicles by the person who is the subject of the
record. Provides conditions under which confidential
15 information may be released by the court or the
department pursuant to a pending or potential court or
16 administrative proceeding.
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