Florida Senate - 2015                   (PROPOSED BILL) SPB 7040
       
       
        
       FOR CONSIDERATION By the Committee on Transportation
       
       
       
       
       
       596-01309A-15                                         20157040pb
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0712, F.S.; providing an exemption from public
    4         records requirements for electronic mail addresses
    5         collected by the Department of Highway Safety and
    6         Motor Vehicles; providing for future review and repeal
    7         of the exemption; providing a statement of public
    8         necessity; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present paragraph (c) of subsection (2) of
   13  section 119.0712, Florida Statutes, is redesignated as paragraph
   14  (d), and a new paragraph (c) is added to that subsection, to
   15  read:
   16         119.0712 Executive branch agency-specific exemptions from
   17  inspection or copying of public records.—
   18         (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
   19         (c) Electronic mail addresses collected by the Department
   20  of Highway Safety and Motor Vehicles pursuant to s. 319.40(3),
   21  s. 320.95(2), or s. 322.08(8) are exempt from s. 119.07(1) and
   22  s. 24(a), Art. I of the State Constitution. This paragraph is
   23  subject to the Open Government Sunset Review Act in accordance
   24  with s. 119.15 and shall stand repealed on October 2, 2020,
   25  unless reviewed and saved from repeal through reenactment by the
   26  Legislature.
   27         Section 2. The Legislature finds that it is a public
   28  necessity that customers’ electronic mail addresses collected
   29  and held by the Department of Highway Safety and Motor Vehicles
   30  for the purpose of conducting motor vehicle record and driver
   31  license transactions be made exempt from s. 119.07(1), Florida
   32  Statutes, and s. 24(a), Article I of the State Constitution. The
   33  federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss.
   34  2721 et seq., did not include electronic mail addresses among
   35  the types of personal information protected from disclosure when
   36  enacted. Customer use of electronic mail addresses in conducting
   37  motor vehicle and driver license record transactions
   38  electronically with the department has significantly increased
   39  since 1994. Under current law, the electronic mail addresses
   40  collected by the department are public records and can be
   41  obtained by anyone for any purpose. However, such electronic
   42  mail addresses are unique to the individual and, when combined
   43  with other personal identifying information, can be used for
   44  identity theft, consumer scams, unwanted solicitations, or other
   45  invasive contacts. The public availability of personal
   46  electronic mail addresses puts department customers at increased
   47  risk of these activities. This risk may be significantly limited
   48  by permitting the department to keep customer electronic mail
   49  addresses confidential.
   50         Section 3. This act shall take effect July 1, 2015.