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.