Florida Senate - 2020                                     SB 430
       
       
        
       By Senator Cruz
       
       
       
       
       
       18-00537-20                                            2020430__
    1                        A bill to be entitled                      
    2         An act relating to state-licensed driver and state
    3         identification cardholder information; requiring the
    4         Department of Highway Safety and Motor Vehicles to
    5         conduct an audit of its records and to report by a
    6         specified date to the Governor and the Legislature,
    7         for specified fiscal years, the total amount of money
    8         it derived from the sale of state-licensed driver and
    9         state identification cardholder information to
   10         marketing firms and the identity of the marketing
   11         firms that paid for such information; providing
   12         additional requirements for the report; providing an
   13         effective date.
   14  
   15         WHEREAS, media reports indicate that the Florida Department
   16  of Highway Safety and Motor Vehicles collected more than $77
   17  million from the sale of state-licensed driver and state
   18  identification cardholder information during the 2017 fiscal
   19  year, and
   20         WHEREAS, the reports allege that some of the firms that
   21  purchased the personal information may have used the information
   22  in violation of federal and state privacy laws, and
   23         WHEREAS, it is important to determine whether the personal
   24  information of state residents which was sold by the department
   25  has been misused for marketing purposes, such as robocalls and
   26  direct mail offers, and
   27         WHEREAS, it is incumbent on the department to provide a
   28  full report to elected officials and to the public of its
   29  practices with regard to the sale of such information, including
   30  specific information on the dollar amounts and the purchasers
   31  associated with such sales, NOW, THEREFORE,
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Department of Highway Safety and Motor Vehicles;
   36  audit and reporting requirements related to the sale of state
   37  licensed driver and state identification cardholder
   38  information.—
   39         (1) The Department of Highway Safety and Motor Vehicles
   40  shall conduct an audit of its records to determine each of the
   41  following:
   42         (a) The total amount of money the department received from
   43  the sale of state-licensed driver and state identification
   44  cardholder information to marketing firms for the 2016, 2017,
   45  and 2018 fiscal years, respectively.
   46         (b) The identity of the marketing firms that paid the
   47  department for state-licensed driver and state identification
   48  cardholder information during the 2016, 2017, and 2018 fiscal
   49  years, respectively.
   50         (2) The department shall submit a report to the Governor,
   51  the President of the Senate, and the Speaker of the House of
   52  Representatives by January 1, 2021, containing the information
   53  required under subsection (1). The report must include the total
   54  amount of sales to marketing firms calculated for each fiscal
   55  year and the identity of each marketing firm that purchased
   56  information during each fiscal year. The report also must
   57  provide recommendations to improve practices and security
   58  measures to protect the personal information of residents of
   59  this state.
   60         Section 2. This act shall take effect upon becoming a law.