HB 1545

1
A bill to be entitled
2An act relating to public records; amending s. 119.0712,
3F.S.; revising public records exemption provisions for
4personal information in Department of Highway Safety and
5Motor Vehicles records; including identification card
6numbers in a list of items that are considered personal
7information; revising provisions for disclosure of
8personal information in department records; providing
9conditions for the release of certain information without
10the express consent of the person to whom such information
11applies; providing for future review and repeal; providing
12a statement of public necessity; providing an effective
13date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsection (2) of section 119.0712, Florida
18Statutes, is amended to read:
19     119.0712  Executive branch agency-specific exemptions from
20inspection or copying of public records.--
21     (2)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
22     (a)  Personal information contained in a motor vehicle
23record that identifies an individual the subject of that record
24is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
25I of the State Constitution except as provided in this
26subsection section. Personal information includes, but is not
27limited to, an individual's the subject's social security
28number, driver identification number or identification card
29number, name, address, telephone number, and medical or
30disability information, and emergency contact information. For
31purposes of this subsection, personal information does not
32include information relating to vehicular crashes, driving
33violations, and driver's status. For purposes of this
34subsection, the term "motor vehicle record" means any record
35that pertains to a motor vehicle operator's permit, motor
36vehicle title, motor vehicle registration, or identification
37card issued by the Department of Highway Safety and Motor
38Vehicles.
39     (b)  Personal information contained in motor vehicle
40records made confidential and exempt exempted by this subsection
41may shall be released by the department for any of the following
42uses:
43     1.(a)  For use in connection with matters of motor vehicle
44or driver safety and theft; motor vehicle emissions; motor
45vehicle product alterations, recalls, or advisories; performance
46monitoring of motor vehicles and dealers by motor vehicle
47manufacturers; and removal of nonowner records from the original
48owner records of motor vehicle manufacturers, to carry out the
49purposes of titles I and IV of the Anti Car Theft Act of 1992,
50the Automobile Information Disclosure Act (15 U.S.C. ss. 1231 et
51seq.), the Clean Air Act (42 U.S.C. ss. 7401 et seq.), and
52chapters 301, 305, and 321-331 of Title 49 U.S.C. the Automobile
53Information Disclosure Act, the Motor Vehicle Information and
54Cost Saving Act, the National Traffic and Motor Vehicle Safety
55Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air
56Act.
57     2.(b)  For use by any government agency, including any
58court or law enforcement agency, in carrying out its functions,
59or any private person or entity acting on behalf of a federal,
60state, or local agency in carrying out its functions.
61     3.(c)  For use in connection with matters of motor vehicle
62or driver safety and theft; motor vehicle emissions; motor
63vehicle product alterations, recalls, or advisories; performance
64monitoring of motor vehicles, motor vehicle parts, and dealers;
65motor vehicle market research activities, including survey
66research; and removal of nonowner records from the original
67owner records of motor vehicle manufacturers.
68     4.(d)  For use in the normal course of business by a
69legitimate business or its agents, employees, or contractors,
70but only:
71     a.1.  To verify the accuracy of personal information
72submitted by the individual to the business or its agents,
73employees, or contractors; and
74     b.2.  If such information as so submitted is not correct or
75is no longer correct, to obtain the correct information, but
76only for the purposes of preventing fraud by, pursuing legal
77remedies against, or recovering on a debt or security interest
78against, the individual.
79     5.(e)  For use in connection with any civil, criminal,
80administrative, or arbitral proceeding in any court or agency or
81before any self-regulatory body for:
82     a.1.  Service of process by any certified process server,
83special process server, or other person authorized to serve
84process in this state.
85     b.2.  Investigation in anticipation of litigation by an
86attorney licensed to practice law in this state or the agent of
87the attorney; however, the information may not be used for mass
88commercial solicitation of clients for litigation against motor
89vehicle dealers.
90     c.3.  Investigation by any person in connection with any
91filed proceeding; however, the information may not be used for
92mass commercial solicitation of clients for litigation against
93motor vehicle dealers.
94     d.4.  Execution or enforcement of judgments and orders.
95     e.5.  Compliance with an order of any court.
96     6.(f)  For use in research activities and for use in
97producing statistical reports, so long as the personal
98information is not published, redisclosed, or used to contact
99individuals.
100     7.(g)  For use by any insurer or insurance support
101organization, or by a self-insured entity, or its agents,
102employees, or contractors, in connection with claims
103investigation activities, anti-fraud activities, rating, or
104underwriting.
105     8.(h)  For use in providing notice to the owners of towed
106or impounded vehicles.
107     9.(i)  For use by any licensed private investigative agency
108or licensed security service for any purpose permitted under
109this subsection. Personal information obtained based on an
110exempt driver's record may not be provided to a client who
111cannot demonstrate a need based on a police report, court order,
112or business or personal relationship with the subject of the
113investigation.
114     10.(j)  For use by an employer or its agent or insurer to
115obtain or verify information relating to a holder of a
116commercial driver's license that is required under 49 U.S.C. ss.
11731301 et seq.
118     11.(k)  For use in connection with the operation of private
119toll transportation facilities.
120     12.(l)  For bulk distribution for surveys, marketing, or
121solicitations when the department has obtained the express
122consent of the person to whom such personal information
123pertains.
124     13.(m)  For any use if the requesting person demonstrates
125that he or she has obtained the written consent of the person
126who is the subject of the motor vehicle record.
127     14.(n)  For any other use specifically authorized by state
128law, if such use is related to the operation of a motor vehicle
129or public safety.
130     15.(o)  For any other use if the person to whom the
131information pertains has given express consent in a format on a
132form prescribed by the department. Such consent shall remain in
133effect until it is revoked by the person on a form prescribed by
134the department.
135     (c)  Notwithstanding paragraph (b), without the express
136consent of the person to whom such information applies, the
137following information contained in motor vehicle records may
138only be released as specified in this paragraph:
139     1.  Social security numbers may be released only as
140provided in subparagraphs (b)2., 5., 7., and 10.
141     2.  An individual's photograph or image may be released
142only as provided in s. 322.142.
143     3.  Medical disability information may be released only as
144provided in ss. 322.125 and 322.126.
145     4.  Emergency contact information may be released only to
146law enforcement agencies for purposes of contacting those listed
147in the event of an emergency.
148     (d)  The restrictions on disclosure of personal information
149provided by this subsection shall not in any way affect the use
150of organ donation information on individual driver licenses or
151affect the administration of organ donation initiatives in this
152state.
153     (e)1.  Personal information made confidential and exempt
154exempted from public disclosure according to this subsection may
155be disclosed by the Department of Highway Safety and Motor
156Vehicles to an individual, firm, corporation, or similar
157business entity whose primary business interest is to resell or
158redisclose the personal information to persons who are
159authorized to receive such information. Prior to the
160department's disclosure of personal information, such
161individual, firm, corporation, or similar business entity must
162first enter into a contract with the department regarding the
163care, custody, and control of the personal information to ensure
164compliance with the federal Driver's Privacy Protection Act of
1651994 and applicable state laws.
166     2.  An authorized recipient of personal information
167contained in a motor vehicle record, except a recipient under
168subparagraph (b)12. paragraph (l), may contract with the
169Department of Highway Safety and Motor Vehicles to resell or
170redisclose the information for any use permitted under this
171section. However, only authorized recipients of personal
172information under subparagraph (b)12. paragraph (l) may resell
173or redisclose personal information pursuant to subparagraph
174(b)12. paragraph (l).
175     3.  Any authorized recipient who resells or rediscloses
176personal information shall maintain, for a period of 5 years,
177records identifying each person or entity that receives the
178personal information and the permitted purpose for which it will
179be used. Such records shall be made available for inspection
180upon request by the department.
181     (f)  The department may shall adopt rules to carry out the
182purposes of this subsection and the federal Driver's Privacy
183Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. Rules adopted
184by the department may shall provide for the payment of
185applicable fees and, prior to the disclosure of personal
186information pursuant to this subsection, may shall require the
187meeting of conditions by the requesting person for the purposes
188of obtaining reasonable assurance concerning the identity of
189such requesting person, and, to the extent required, assurance
190that the use will be only as authorized or that the consent of
191the person who is the subject of the personal information has
192been obtained. Such conditions may include, but need not be
193limited to, the making and filing of a written application in
194such form and containing such information and certification
195requirements as the department requires.
196     (g)  This subsection is subject to the Open Government
197Sunset Review Act in accordance with s. 119.15 and shall stand
198repealed October 2, 2012, unless reviewed and saved from repeal
199through reenactment by the Legislature.
200     Section 2.  The Legislature finds that it is a public
201necessity that personal information in an individual's motor
202vehicle record held by the Department of Highway Safety and
203Motor Vehicles be made confidential and exempt from public
204disclosure. Making such personal information confidential and
205exempt conforms state law to the requirements of the Federal
206Driver's Privacy Protection Act of 1994, as amended by s. 350 of
207Pub. L. No. 106-69, 18 U.S.C. ss. 2721-2725, which prohibits
208disclosure of information of a sensitive, personal nature, with
209specified exceptions. Additionally, the Legislature notes that
210the state has a compelling interest in regulating motor vehicles
211and motor vehicle drivers. The sale of automobiles not only
212provides jobs for Floridians, but taxes collected from their
213sale and use provide revenues to the state. It should also be
214noted that automobiles also are attractive targets for thieves.
215Theft of automobiles not only deprives the lawful owners of
216their property but interferes with the chain of title and causes
217insurance rates to rise. As a result, the state must collect
218information about automobile sales, the sellers and buyers,
219insurance companies, and other businesses. Further, the
220Legislature notes that automobiles, if used improperly, can
221cause injury and death to persons in this state. Therefore, the
222state must ensure that persons who drive in this state are
223properly trained, licensed, and insured. As a result, the state
224must collect personal information regarding persons who drive in
225this state. The personal information that is contained in motor
226vehicle records, if readily available for public inspection and
227copying, could be used to invade the personal privacy of the
228persons identified in the records or could be used for other
229purposes, such as solicitation, harassment, stalking, and
230intimidation. Limiting access to the state's motor vehicle
231records will protect the privacy of persons who are identified
232in those records and minimize the opportunity for invading that
233privacy. Thus, the Legislature finds that such personal
234information in motor vehicle records should be exempt from the
235requirements of s. 24(a), Art. I of the State Constitution.
236Nevertheless, the Legislature also notes that there are a number
237of reasons that certain agencies, businesses, and other persons
238should be granted limited access to exempt personal information
239contained in motor vehicle records. The Legislature finds that
240access to this personal information by these governmental and
241private entities should be continued in a limited, regulated
242fashion in order to balance the privacy rights of persons named
243in motor vehicle records with the need for these entities to
244perform certain important regulatory and economic functions that
245are important to the health, safety, and welfare of the citizens
246of the state. Persons identified in motor vehicle records may
247need to be notified of product recalls, advisories, or product
248monitoring, and manufacturers and others need current addresses
249to contact them. Government agencies, including courts and law
250enforcement agencies and persons acting on their behalf, may
251need access to carry out their legislatively assigned functions.
252Additionally, researchers, investigators, insurance companies,
253and other businesses and industries often must rely on personal
254information in motor vehicle records to operate and perform
255certain business functions. Such information should be available
256to legitimate businesses and their agents, employees, or
257contractors in their normal course of business to verify the
258accuracy of personal information and to obtain correct
259information, to prevent fraud, to pursue legal remedies, or to
260recover on a debt or security interest. Further, such exempt
261information should be available for use in connection with any
262civil, criminal, administrative, or arbitral proceeding for
263service of process, execution or enforcement of judgments and
264orders, and compliance with an order of any court; for use by
265insurers or support organizations in connection with claims,
266investigation activities, anti-fraud activities, and rating or
267underwriting; and for providing notice to owners of towed or
268impounded vehicles. Access to such exempt information should
269also be provided for investigation in anticipation of litigation
270or for a filed proceeding, but the Legislature finds that
271authorizing access to motor vehicle records for these limited
272purposes should not be construed to permit mass commercial
273solicitation of clients for litigation against motor vehicle
274dealers because it would be contrary to the limited access
275contemplated by the exceptions to the exemption and would
276further invade the privacy of persons named in these records.
277Further, researchers, investigators, or insurance companies may
278need to access the large database of motor vehicle records for
279use in producing statistical reports, but the Legislature finds
280that this access should not infringe upon the privacy of the
281persons named in the records by publishing, redisclosing, or
282using that information or to contact the named persons. Thus,
283the Legislature specifically finds that it is a public necessity
284that personal information in motor vehicle records be made
285confidential and exempt with the limited exceptions to that
286exemption authorized in this act.
287     Section 3.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.