Senate Bill sb2416c1

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    Florida Senate - 2003                           CS for SB 2416

    By the Committee on Transportation; and Senator Sebesta





    306-2264-03

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         319.42, F.S.; providing that certain motor

  4         vehicle dealer information is confidential and

  5         exempt from public-records requirements;

  6         providing exceptions; providing penalties;

  7         providing for future legislative review and

  8         repeal; providing a finding of public

  9         necessity; providing an effective date.

10  

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

12  

13         Section 1.  Section 319.42, Florida Statutes, is

14  created to read:

15         319.42  Motor vehicle dealer identification

16  information.--

17         (1)  A motor vehicle dealer name or identification

18  number contained in, or indexed by, motor vehicle title

19  history or registration databases received by any agency that

20  regularly receives or collects this information is

21  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

22  of the State Constitution. This information may be made

23  available:

24         (a)  For use in connection with matters of motor

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

26  motor vehicle product alterations, recalls, or advisories;

27  performance monitoring of motor vehicles and dealers by motor

28  vehicle manufacturers; and removal of nonowner records from

29  the original owner records of motor vehicle manufacturers, to

30  carry out the purposes of the Automobile Information

31  Disclosure Act, the Motor Vehicle Information and Cost Saving

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    Florida Senate - 2003                           CS for SB 2416
    306-2264-03




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

 2  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

 3         (b)  For use by any government agency, including any

 4  court or law enforcement agency, in carrying out its

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

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

 7  functions.

 8         (c)  For use in connection with matters of motor

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

10  motor vehicle product alterations, recalls, or advisories;

11  performance monitoring of motor vehicles, motor vehicle parts,

12  and dealers; motor vehicle market research activities,

13  including survey research; and removal of nonowner records

14  from the original owner records of motor vehicle

15  manufacturers.

16         (d)  To newspapers qualified to publish legal notices

17  under ss. 50.011 and 50.031, and free newspapers of general

18  circulation, published once a week or more often, available

19  and of interest to the public generally for the dissemination

20  of news.

21         (e)  For use in research activities and for use in

22  producing statistical reports.

23         (f)  For use by any insurer or insurance support

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

25  employees, or contractors, in connection with claims

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

27  underwriting.

28         (g)  To any state or federal agency that is authorized

29  to have access to such information by any provision of law

30  shall be granted such access in the furtherance of the

31  

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    Florida Senate - 2003                           CS for SB 2416
    306-2264-03




 1  agency's statutory duties notwithstanding the provisions of

 2  this subsection.

 3  

 4  Any person attempting to access this information must present

 5  legitimate credentials or identification that demonstrates his

 6  or her qualifications to access that information. This

 7  exemption is subject to the Open Government Sunset Review Act

 8  of 1995 in accordance with s. 119.15, and shall stand repealed

 9  on October 2, 2008, unless reviewed and saved from repeal

10  through reenactment by the Legislature.

11         (2)  Any employee in possession of information made

12  confidential by this section who knowingly discusses such

13  confidential information to a person not entitled to access

14  such information under this section, or any person, knowing

15  that he or she is not entitled to obtain information made

16  confidential by this section, who obtains or attempts to

17  obtain such information commits a felony of the third degree,

18  punishable as provided in s. 775.082, s. 775.083, or s.

19  775.084.

20         (3)  Information that is exempt from s. 119.07(1) and

21  s. 24(a), Art. I of the State Constitution by this section may

22  be made available to a specific person or entity not otherwise

23  entitled to the information with the written permission of the

24  applicable motor vehicle dealer.

25         Section 2.  The Legislature finds that it is a public

26  necessity that motor vehicle dealer identification information

27  contained in motor vehicle records that are mandated to be

28  provided by law be exempt from public disclosure because such

29  information is of a sensitive business nature and disclosure

30  of such information would allow confidential business customer

31  lists to be available for inappropriate uses to the detriment

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    Florida Senate - 2003                           CS for SB 2416
    306-2264-03




 1  of the licensed motor vehicle dealer whose information is

 2  revealed.

 3         Section 3.  This act shall take effect upon becoming

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 2416

 8                                 

 9  The CS makes confidential and exempt a motor vehicle dealer
    name or identification number contained in, or indexed by,
10  motor vehicle title history or registration databases received
    by any agency that regularly receives or collects this
11  information. The CS provides exceptions for such information
    to be released.
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