House Bill 1015e1

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                                          HB 1015, First Engrossed



  1                      A bill to be entitled

  2         An act relating to Department of Highway Safety

  3         and Motor Vehicles; repealing s. 322.142(5) and

  4         (6), F.S., relating to color photographic or

  5         digital imaged licenses; eliminating provisions

  6         permitting the Department of Highway Safety and

  7         Motor Vehicles to sell certain information

  8         related to driver's licenses and other

  9         information; providing for the establishment of

10         a task force to study privacy and public

11         records issues, proving membership, providing

12         for meetings, providing for a report; providing

13         for repeal;  providing for the establishment of

14         a task force to study privacy and public

15         records issues; providing membership; providing

16         for meetings; providing for a report; providing

17         for repeal;  providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Subsections (5) and (6) of section 322.142,

22  Florida Statutes, 1998 Supplement, are repealed.

23         Section 2.  (1)  There is hereby created the Task Force

24  on Privacy and Technology in the Executive Office of the

25  Governor.  The task force shall be composed of 16 members as

26  follows:

27         (a)  The Governor shall appoint 6 members to include:

28  one representative of the print media; one representative who

29  is in the private practice of law and has legal expertise in

30  constitutional law as it relates to privacy and public

31  records; one representative from private industry who has


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                                          HB 1015, First Engrossed



  1  experience in technology and electronic commerce; one

  2  representative from private industry who has expertise in

  3  marketing government information; one representative from the

  4  telecommunications industry; and one representative of the

  5  public with an interest in privacy electronic commerce.

  6         (b)  The Speaker of the House shall appoint 5 members

  7  to include: one representative from a law school in this state

  8  with expertise in constitutional, public records law, or

  9  computer law; one representative of the broadcast media; one

10  representative from the financial services industry; one

11  representative from private industry who has expertise in

12  technology and electronic commerce; and one representative

13  from an Internet service provider.

14         (c)  The President of the Senate shall appoint 5

15  members to include: one representative from the direct

16  marketing industry; one representative from the credit or

17  charge card industry;  one representative from the Florida

18  Retail Federation; one representative from the Statewide

19  Prosecutor's Office who has experience in the area of

20  electronic fraud; and one representative from the credit

21  bureau industry.

22         (d)  The Governor shall appoint the chair of the task

23  force.

24         (2)  The task force is to study and make

25  recommendations to the Governor and the Legislature on:

26         (a)  Privacy issues under the United States and Florida

27  Constitution and Laws, the Public Records Act, and the advent

28  of the use of advanced technology.

29         (b)  Technology fraud, including the illegal use of

30  citizens' identity, credit, and other uses.

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                                          HB 1015, First Engrossed



  1         (c)  Balancing the traditional openness of public

  2  records in Florida with the need to protect individuals'

  3  privacy and identities.

  4         (d)  The sale of public records to private individuals

  5  and companies.

  6         (3)  The task force shall exist for one year and shall

  7  meet as often as necessary to carry out its duties and

  8  responsibilities.  The task force shall be supported by the

  9  Executive Office of the Governor within its existing

10  resources.

11         (4)  The task force may obtain information and

12  assistance from any state agency, community college or state

13  university.

14         (5)  The task force shall report its findings and

15  recommendations to the Governor, the President of the Senate

16  and the Speaker of the House by February 1, 2000.

17         (6)  This section is repealed effective July 1, 2000.

18         Section 3.  (1)  There is hereby created the Task Force

19  on Privacy and Technology in the Executive Office of the

20  Governor.  The task force shall be composed of 19 members as

21  follows:

22         (a)  The Governor shall appoint seven members and shall

23  attempt in the seven appointments to select the following: one

24  representative of the print media; one representative who is

25  in the private practice of law and has legal expertise in

26  constitutional law as it relates to privacy and public

27  records; one representative from private industry who has

28  experience in technology and electronic commerce; one

29  representative from the private industry who has expertise in

30  marketing government information; one representative from the

31  telecommunications industry; one representative from the law


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                                          HB 1015, First Engrossed



  1  enforcement community with expertise in identity fraud; and

  2  one additional member.

  3         (b)  The Speaker of the House of Representatives shall

  4  appoint six members and shall attempt in the six appointments

  5  to select the following: one representative from a law school

  6  in this state with expertise in constitutional law, public

  7  records law, or computer law; one representative of the

  8  broadcast media; one representative from the Society of

  9  Consumer Affairs Professionals in Business; one representative

10  from private industry who has expertise in technology and

11  electronic commerce; one representative from an Internet

12  service provider; and one additional member.

13         (c)  The President of the Senate shall appoint six

14  members and shall attempt in the six appointments to select

15  the following: one representative from the direct marketing

16  industry with expertise in loss prevention; one representative

17  from the credit or charge card industry; one representative

18  from the Florida Retail Federation; one representative from

19  the Statewide Prosecutor's Office who has experience in the

20  area of electronic fraud; one representative from the credit

21  bureau industry; and one additional member.

22         (d)  The Governor shall appoint the chair of the task

23  force.

24         (2)  The task force is to study and make

25  recommendations to the Governor and the Legislature on:

26         (a)  Privacy issues under the Constitutions and laws of

27  the United States and Florida, the Public Records Act, and the

28  advent of the use of advanced technology.

29         (b)  Technology fraud, including the illegal use of

30  citizens' identity, credit, and other uses.

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                                          HB 1015, First Engrossed



  1         (c)  Balancing the traditional openness of public

  2  records in Florida with the need to protect individuals'

  3  privacy and identities.

  4         (d)  The sale of public records to private individuals

  5  and companies.

  6         (3)  The task force shall exist for 1 year and shall

  7  meet as often as necessary to carry out its duties and

  8  responsibilities.  The task force shall be supported by the

  9  Executive Office of the Governor within its existing

10  resources.

11         (4)  The task force may obtain information and

12  assistance from any state agency, community college, or state

13  university.

14         (5)  The task force shall report its findings and

15  recommendations to the Governor, the President of the Senate,

16  and the Speaker of the House of Representatives by February 1,

17  2000.

18         (6)  This section is repealed effective July 1, 2000.

19         Section 4.  This act shall take effect upon becoming a

20  law.

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