Florida Senate - 2021 CS for SB 1326 By the Committee on Transportation; and Senator Harrell 596-02656-21 20211326c1 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.0712, F.S.; providing exemptions from public 4 records requirements for secure login credentials, 5 Internet protocol addresses, and geolocation data held 6 by the Department of Highway Safety and Motor 7 Vehicles; providing retroactive application; defining 8 the terms “secure login credentials” and “public 9 facing portal”; providing for future legislative 10 review and repeal of the exemptions; providing a 11 statement of public necessity; providing a contingent 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (e) is added to subsection (2) of 17 section 119.0712, Florida Statutes, to read: 18 119.0712 Executive branch agency-specific exemptions from 19 inspection or copying of public records.— 20 (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.— 21 (e)1. Secure login credentials held by the Department of 22 Highway Safety and Motor Vehicles are exempt from s. 119.07(1) 23 and s. 24(a), Art. I of the State Constitution. This exemption 24 applies to secure login credentials held by the department 25 before, on, or after the effective date of the exemption. For 26 purposes of this subparagraph, the term “secure login 27 credentials” means information collected or issued by the 28 department for purposes of authenticating a user logging into a 29 user account on a computer, a computer system, a computer 30 network, or an electronic device; or an online user account 31 accessible over the Internet, whether through a mobile device, a 32 website, or any other electronic means. The term includes, but 33 is not limited to, user identifications and passwords; personal 34 identification numbers; security questions and answers; and e 35 mail addresses, telephone numbers, and human biometric 36 information used for authentication or password recovery. 37 2. Internet protocol addresses, geolocation data, and other 38 information held by the Department of Highway Safety and Motor 39 Vehicles which describes the location, computer, computer 40 system, or computer network from which a user accesses a public 41 facing portal, and the dates and times that a user accesses a 42 public-facing portal, are exempt from s. 119.07(1) and s. 24(a), 43 Art. I of the State Constitution. This exemption applies to such 44 information held by the department before, on, or after the 45 effective date of the exemption. For purposes of this 46 subparagraph, the term “public-facing portal” means a web portal 47 or computer application accessible by the public over the 48 Internet, whether through a mobile device, website, or other 49 electronic means, which is established for administering chapter 50 319, chapter 320, chapter 322, chapter 328, or any other 51 provision of law conferring duties upon the department. 52 3. This paragraph is subject to the Open Government Sunset 53 Review Act in accordance with s. 119.15 and shall stand repealed 54 on October 2, 2026, unless reviewed and saved from repeal 55 through reenactment by the Legislature. 56 Section 2. The Legislature finds that it is a public 57 necessity that secure login credentials, Internet protocol 58 addresses, and geolocation data held by the Department of 59 Highway Safety and Motor Vehicles for purposes of authenticating 60 a user logging into a user account be exempt from s. 119.07(1), 61 Florida Statutes, and s. 24(a), Article I of the State 62 Constitution. The Legislature finds that safeguarding the 63 integrity and accuracy of data systems maintained by the 64 Department of Highway Safety and Motor Vehicles is of paramount 65 public importance. Those systems comprise critical information 66 related to driver licenses, state identification cards, motor 67 vehicles and vessels, and Florida Highway Patrol law enforcement 68 records. Those systems also comprise personal information 69 restricted from public disclosure by the federal Driver’s 70 Privacy Protection Act of 1994. Accordingly, unauthorized access 71 to those systems poses a serious threat to the integrity and 72 accuracy of the data contained therein. Moreover, the 73 unauthorized disclosure of personal information contained in 74 those systems may subject users to identity theft, financial 75 harm, or other adverse impacts. The Legislature further finds 76 that development in information technology allows the Department 77 of Highway Safety and Motor Vehicles to make secure transactions 78 more readily available to the public through expanded use of 79 online user accounts accessible over the Internet, including 80 applications such as digital driver licenses. The public release 81 of secure login credentials, Internet protocol addresses, and 82 geolocation data would render these data systems vulnerable to 83 unauthorized access. The Legislature finds that, to safeguard 84 user accounts from unauthorized access and avert the 85 unauthorized disclosure of personal information, it is a public 86 necessity that secure login credentials, Internet protocol 87 addresses, and geolocation data be exempt from public records 88 requirements and, without the public records exemption, the 89 effective and efficient administration of user accounts would be 90 hindered. 91 Section 3. This act shall take effect on the same date that 92 SB 1324 or similar legislation takes effect, if such legislation 93 is adopted in the same legislative session or an extension 94 thereof and becomes a law.