The Florida Senate

119.0712  Executive branch agency-specific exemptions from inspection or copying of public records.--

(1)  DEPARTMENT OF HEALTH.--All personal identifying information contained in records relating to an individual's personal health or eligibility for health-related services held by the Department of Health is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except as otherwise provided in this subsection. Information made confidential and exempt by this subsection shall be disclosed:

(a)  With the express written consent of the individual or the individual's legally authorized representative.

(b)  In a medical emergency, but only to the extent necessary to protect the health or life of the individual.

(c)  By court order upon a showing of good cause.

(d)  To a health research entity, if the entity seeks the records or data pursuant to a research protocol approved by the department, maintains the records or data in accordance with the approved protocol, and enters into a purchase and data-use agreement with the department, the fee provisions of which are consistent with s. 119.07(4). The department may deny a request for records or data if the protocol provides for intrusive follow-back contacts, has not been approved by a human studies institutional review board, does not plan for the destruction of confidential records after the research is concluded, is administratively burdensome, or does not have scientific merit. The agreement must restrict the release of any information that would permit the identification of persons, limit the use of records or data to the approved research protocol, and prohibit any other use of the records or data. Copies of records or data issued pursuant to this paragraph remain the property of the department.

¹(2)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--

(a)  Personal information contained in a motor vehicle record that identifies an individual is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution except as provided in this subsection. Personal information includes, but is not limited to, an individual's social security number, driver identification number or identification card number, name, address, telephone number, medical or disability information, and emergency contact information. For purposes of this subsection, personal information does not include information relating to vehicular crashes, driving violations, and driver's status. For purposes of this subsection, the term "motor vehicle record" means any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration, or identification card issued by the Department of Highway Safety and Motor Vehicles.

(b)  Personal information contained in motor vehicle records made confidential and exempt by this subsection may be released by the department for any of the following uses:

1.  For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and removal of nonowner records from the original owner records of motor vehicle manufacturers, to carry out the purposes of Titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act (15 U.S.C. ss. 1231 et seq.), the Clean Air Act (42 U.S.C. ss. 7401 et seq.), and chapters 301, 305, and 321-331 of Title 49, United States Code.

2.  For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions.

3.  For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities, including survey research; and removal of nonowner records from the original owner records of motor vehicle manufacturers.

4.  For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:

a.  To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and

b.  If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.

5.  For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or agency or before any self-regulatory body for:

a.  Service of process by any certified process server, special process server, or other person authorized to serve process in this state.

b.  Investigation in anticipation of litigation by an attorney licensed to practice law in this state or the agent of the attorney; however, the information may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers.

c.  Investigation by any person in connection with any filed proceeding; however, the information may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers.

d.  Execution or enforcement of judgments and orders.

e.  Compliance with an order of any court.

6.  For use in research activities and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.

7.  For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting.

8.  For use in providing notice to the owners of towed or impounded vehicles.

9.  For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection. Personal information obtained based on an exempt driver's record may not be provided to a client who cannot demonstrate a need based on a police report, court order, or business or personal relationship with the subject of the investigation.

10.  For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under 49 U.S.C. ss. 31301 et seq.

11.  For use in connection with the operation of private toll transportation facilities.

12.  For bulk distribution for surveys, marketing, or solicitations when the department has obtained the express consent of the person to whom such personal information pertains.

13.  For any use if the requesting person demonstrates that he or she has obtained the written consent of the person who is the subject of the motor vehicle record.

14.  For any other use specifically authorized by state law, if such use is related to the operation of a motor vehicle or public safety.

15.  For any other use if the person to whom the information pertains has given express consent in a format prescribed by the department. Such consent shall remain in effect until it is revoked by the person on a form prescribed by the department.

(c)  Notwithstanding paragraph (b), without the express consent of the person to whom such information applies, the following information contained in motor vehicle records may only be released as specified in this paragraph:

1.  Social security numbers may be released only as provided in subparagraphs (b)2., 5., 7., and 10.

2.  An individual's photograph or image may be released only as provided in s. 322.142

3.  Medical disability information may be released only as provided in ss. 322.125 and 322.126

4.  Emergency contact information may be released only to law enforcement agencies for purposes of contacting those listed in the event of an emergency.

(d)  The restrictions on disclosure of personal information provided by this subsection shall not in any way affect the use of organ donation information on individual driver licenses or affect the administration of organ donation initiatives in this state.

(e)1.  Personal information made confidential and exempt may be disclosed by the Department of Highway Safety and Motor Vehicles to an individual, firm, corporation, or similar business entity whose primary business interest is to resell or redisclose the personal information to persons who are authorized to receive such information. Prior to the department's disclosure of personal information, such individual, firm, corporation, or similar business entity must first enter into a contract with the department regarding the care, custody, and control of the personal information to ensure compliance with the federal Driver's Privacy Protection Act of 1994 and applicable state laws.

2.  An authorized recipient of personal information contained in a motor vehicle record, except a recipient under subparagraph (b)12., may contract with the Department of Highway Safety and Motor Vehicles to resell or redisclose the information for any use permitted under this section. However, only authorized recipients of personal information under subparagraph (b)12. may resell or redisclose personal information pursuant to subparagraph (b)12.

3.  Any authorized recipient who resells or rediscloses personal information shall maintain, for a period of 5 years, records identifying each person or entity that receives the personal information and the permitted purpose for which it will be used. Such records shall be made available for inspection upon request by the department.

(f)  The department may adopt rules to carry out the purposes of this subsection and the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. Rules adopted by the department may provide for the payment of applicable fees and, prior to the disclosure of personal information pursuant to this subsection, may require the meeting of conditions by the requesting person for the purposes of obtaining reasonable assurance concerning the identity of such requesting person, and, to the extent required, assurance that the use will be only as authorized or that the consent of the person who is the subject of the personal information has been obtained. Such conditions may include, but need not be limited to, the making and filing of a written application in such form and containing such information and certification requirements as the department requires.

(g)  This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed October 2, 2012, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 97-185; s. 1, ch. 2001-108; ss. 1, 2, ch. 2004-62; s. 7, ch. 2004-335; ss. 32, 33, ch. 2005-251; s. 1, ch. 2006-199; s. 1, ch. 2007-94.

¹Note.--

A.  Section 2, ch. 2004-62, provides that "subsection [(2)] of s. [119.0712], Florida Statutes, is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, Florida Statutes, and shall stand repealed on October 2, 2009, unless reviewed and saved from repeal through reenactment by the Legislature."

B.  Section 2, ch. 2007-94, provides that "[t]he Legislature finds that it is a public necessity that personal information in an individual's motor vehicle record held by the Department of Highway Safety and Motor Vehicles be made confidential and exempt from public disclosure. Making such personal information confidential and exempt conforms state law to the requirements of the Federal Driver's Privacy Protection Act of 1994, as amended by s. 350 of Pub. L. No. 106-69, 18 U.S.C. ss. 2721-2725, which prohibits disclosure of information of a sensitive, personal nature, with specified exceptions. Additionally, the Legislature notes that the state has a compelling interest in regulating motor vehicles and motor vehicle drivers. The sale of automobiles not only provides jobs for Floridians, but taxes collected from their sale and use provide revenues to the state. It should also be noted that automobiles also are attractive targets for thieves. Theft of automobiles not only deprives the lawful owners of their property but interferes with the chain of title and causes insurance rates to rise. As a result, the state must collect information about automobile sales, the sellers and buyers, insurance companies, and other businesses. Further, the Legislature notes that automobiles, if used improperly, can cause injury and death to persons in this state. Therefore, the state must ensure that persons who drive in this state are properly trained, licensed, and insured. As a result, the state must collect personal information regarding persons who drive in this state. The personal information that is contained in motor vehicle records, if readily available for public inspection and copying, could be used to invade the personal privacy of the persons identified in the records or could be used for other purposes, such as solicitation, harassment, stalking, and intimidation. Limiting access to the state's motor vehicle records will protect the privacy of persons who are identified in those records and minimize the opportunity for invading that privacy. Thus, the Legislature finds that such personal information in motor vehicle records should be exempt from the requirements of s. 24(a), Art. I of the State Constitution. Nevertheless, the Legislature also notes that there are a number of reasons that certain agencies, businesses, and other persons should be granted limited access to exempt personal information contained in motor vehicle records. The Legislature finds that access to this personal information by these governmental and private entities should be continued in a limited, regulated fashion in order to balance the privacy rights of persons named in motor vehicle records with the need for these entities to perform certain important regulatory and economic functions that are important to the health, safety, and welfare of the citizens of the state. Persons identified in motor vehicle records may need to be notified of product recalls, advisories, or product monitoring, and manufacturers and others need current addresses to contact them. Government agencies, including courts and law enforcement agencies and persons acting on their behalf, may need access to carry out their legislatively assigned functions. Additionally, researchers, investigators, insurance companies, and other businesses and industries often must rely on personal information in motor vehicle records to operate and perform certain business functions. Such information should be available to legitimate businesses and their agents, employees, or contractors in their normal course of business to verify the accuracy of personal information and to obtain correct information, to prevent fraud, to pursue legal remedies, or to recover on a debt or security interest. Further, such exempt information should be available for use in connection with any civil, criminal, administrative, or arbitral proceeding for service of process, execution or enforcement of judgments and orders, and compliance with an order of any court; for use by insurers or support organizations in connection with claims, investigation activities, anti-fraud activities, and rating or underwriting; and for providing notice to owners of towed or impounded vehicles. Access to such exempt information should also be provided for investigation in anticipation of litigation or for a filed proceeding, but the Legislature finds that authorizing access to motor vehicle records for these limited purposes should not be construed to permit mass commercial solicitation of clients for litigation against motor vehicle dealers because it would be contrary to the limited access contemplated by the exceptions to the exemption and would further invade the privacy of persons named in these records. Further, researchers, investigators, or insurance companies may need to access the large database of motor vehicle records for use in producing statistical reports, but the Legislature finds that this access should not infringe upon the privacy of the persons named in the records by publishing, redisclosing, or using that information or to contact the named persons. Thus, the Legislature specifically finds that it is a public necessity that personal information in motor vehicle records be made confidential and exempt with the limited exceptions to that exemption authorized in this act."

Note.--

A.  Additional exemptions from the application of this section appear in the General Index to the Florida Statutes under the heading "Public Records."

B.  Former s. 119.07(6)(aa), (cc).