ENROLLED
       2021 Legislature                            CS for CS for SB 890
       
       
       
       
       
       
                                                              2021890er
    1  
    2         An act relating to the use of electronic databases;
    3         amending s. 119.0712, F.S.; prohibiting the use or
    4         release, not authorized by law, of any information
    5         contained in the Driver and Vehicle Information
    6         Database; providing a noncriminal infraction; amending
    7         s. 943.125, F.S.; requiring the law enforcement
    8         accreditation program to address access to and use of
    9         personal identification information contained in
   10         electronic databases; creating s. 943.1719, F.S.;
   11         requiring the Criminal Justice Standards and Training
   12         Commission to incorporate into the course curriculum
   13         required for initial certification of law enforcement
   14         officers instruction on the authorized access to and
   15         use of personal identification information contained
   16         in electronic databases; providing training
   17         requirements; creating s. 943.17191, F.S.; requiring
   18         the commission to adopt rules requiring that each law
   19         enforcement officer receive instruction on the
   20         authorized access to and use of personal
   21         identification information contained in electronic
   22         databases for continued employment or appointment as
   23         an officer; providing training requirements; providing
   24         an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (2) of section 119.0712, Florida
   29  Statutes, is amended to read:
   30         119.0712 Executive branch agency-specific exemptions from
   31  inspection or copying of public records.—
   32         (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
   33         (a) For purposes of this subsection, the term “motor
   34  vehicle record” means any record that pertains to a motor
   35  vehicle operator’s permit, motor vehicle title, motor vehicle
   36  registration, or identification card issued by the Department of
   37  Highway Safety and Motor Vehicles.
   38         (b) Personal information, including highly restricted
   39  personal information as defined in 18 U.S.C. s. 2725, contained
   40  in a motor vehicle record is confidential pursuant to the
   41  federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss.
   42  2721 et seq. Such information may be released only as authorized
   43  by that act; however, information received pursuant to that act
   44  may not be used for mass commercial solicitation of clients for
   45  litigation against motor vehicle dealers.
   46         (c) E-mail addresses collected by the Department of Highway
   47  Safety and Motor Vehicles pursuant to s. 319.40(3), s.
   48  320.95(2), or s. 322.08(10) are exempt from s. 119.07(1) and s.
   49  24(a), Art. I of the State Constitution. This exemption applies
   50  retroactively.
   51         (d)1. Emergency contact information contained in a motor
   52  vehicle record is confidential and exempt from s. 119.07(1) and
   53  s. 24(a), Art. I of the State Constitution.
   54         2. Without the express consent of the person to whom such
   55  emergency contact information applies, the emergency contact
   56  information contained in a motor vehicle record may be released
   57  only to law enforcement agencies for purposes of contacting
   58  those listed in the event of an emergency.
   59         (e) Any person who uses or releases any information
   60  contained in the Driver and Vehicle Information Database for a
   61  purpose not specifically authorized by law commits a noncriminal
   62  infraction, punishable by a fine not exceeding $2,000.
   63         Section 2. Paragraph (o) is added to subsection (4) of
   64  section 943.125, Florida Statutes, to read:
   65         943.125 Accreditation of state and local law enforcement
   66  agencies, correctional facilities, public agency offices of
   67  inspectors general, and certain pretrial diversion programs;
   68  intent.—
   69         (4) The law enforcement accreditation program must address,
   70  at a minimum, the following aspects of law enforcement:
   71         (o)Access to and use of personal identification
   72  information, as defined in s. 817.568(1)(f), contained in
   73  electronic databases.
   74         Section 3. Section 943.1719, Florida Statutes, is created
   75  to read:
   76         943.1719Basic skills training relating to the use of
   77  electronic databases.—The commission shall incorporate into the
   78  course curriculum required for initial certification of a law
   79  enforcement officer instruction on the authorized access to and
   80  use of personal identification information, as defined in s.
   81  817.568(1)(f), contained in electronic databases used by a law
   82  enforcement officer in his or her official capacity. This
   83  training must include, but need not be limited to, the proper
   84  use, and limitations on use, of electronic databases in a law
   85  enforcement officer’s official capacity and the penalties
   86  associated with the misuse of such electronic databases.
   87         Section 4. Section 943.17191, Florida Statutes, is created
   88  to read:
   89         943.17191Continued employment training relating to the use
   90  of electronic databases.—The commission shall by rule require
   91  that each law enforcement officer receive, as part of the 40
   92  hours of required instruction for continued employment or
   93  appointment as an officer, instruction on the authorized access
   94  to and use of personal identification information, as defined in
   95  s. 817.568(1)(f), contained in electronic databases used by a
   96  law enforcement officer in his or her official capacity. This
   97  training must include, but need not be limited to, the proper
   98  use, and limitations on use, of electronic databases in a law
   99  enforcement officer’s official capacity and the penalties
  100  associated with the misuse of such electronic databases.
  101         Section 5. This act shall take effect October 1, 2021.