Senate Bill 1998

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    Florida Senate - 1999                                  SB 1998

    By Senator Cowin





    11-932A-99

  1                      A bill to be entitled

  2         An act relating to driver's licenses and state

  3         identification cards; amending s. 119.07, F.S.;

  4         providing that personal information provided by

  5         the Department of Highway Safety and Motor

  6         Vehicles for use in surveys, marketing, or

  7         solicitations may not include social security

  8         numbers; repealing s. 322.142(5) and (6), F.S.,

  9         relating to photographs and other information

10         on driver's licenses and state identification

11         cards; deleting provisions authorizing the

12         Department of Highway Safety and Motor Vehicles

13         to sell copies of photographs and other

14         information on file for use in preventing fraud

15         in certain financial transactions; deleting

16         provisions authorizing the department to

17         establish a fee for providing copies of

18         photographs maintained by the department;

19         providing an effective date.

20

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

22

23         Section 1.  Paragraph (bb) of subsection (3) of section

24  119.07, Florida Statutes, 1998 Supplement, is amended to read:

25         119.07  Inspection, examination, and duplication of

26  records; exemptions.--

27         (3)

28         (bb)  Upon a request made in a form designated by the

29  Department of Highway Safety and Motor Vehicles, personal

30  information contained in a motor vehicle record that

31  identifies the requester is exempt from subsection (1) and s.

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    Florida Senate - 1999                                  SB 1998
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  1  24(a), Art. I of the State Constitution except as provided in

  2  this paragraph.  Personal information includes, but is not

  3  limited to, the requester's social security number, driver

  4  identification number, name, address, telephone number, and

  5  medical or disability information.  For purposes of this

  6  paragraph, personal information does not include information

  7  relating to vehicular crashes, driving violations, and

  8  driver's status.  Such request may be made only by the person

  9  who is the subject of the motor vehicle record.  For purposes

10  of this paragraph, "motor vehicle record" means any record

11  that pertains to a motor vehicle operator's permit, motor

12  vehicle title, motor vehicle registration, or identification

13  card issued by the Department of Highway Safety and Motor

14  Vehicles.  Personal information contained in motor vehicle

15  records exempted by an individual's request pursuant to this

16  paragraph shall be released by the department for any of the

17  following uses:

18         1.  For use in connection with matters of motor vehicle

19  or driver safety and theft; motor vehicle emissions; motor

20  vehicle product alterations, recalls, or advisories;

21  performance monitoring of motor vehicles and dealers by motor

22  vehicle manufacturers; and removal of nonowner records from

23  the original owner records of motor vehicle manufacturers, to

24  carry out the purposes of the Automobile Information

25  Disclosure Act, the Motor Vehicle Information and Cost Saving

26  Act, the National Traffic and Motor Vehicle Safety Act of

27  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

28         2.  For use by any government agency, including any

29  court or law enforcement agency, in carrying out its

30  functions, or any private person or entity acting on behalf of

31

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    Florida Senate - 1999                                  SB 1998
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  1  a federal, state, or local agency in carrying out its

  2  functions.

  3         3.  For use in connection with matters of motor vehicle

  4  or driver safety and theft; motor vehicle emissions; motor

  5  vehicle product alterations, recalls, or advisories;

  6  performance monitoring of motor vehicles, motor vehicle parts,

  7  and dealers; motor vehicle market research activities,

  8  including survey research; and removal of nonowner records

  9  from the original owner records of motor vehicle

10  manufacturers.

11         4.  For use in the normal course of business by a

12  legitimate business or its agents, employees, or contractors,

13  but only:

14         a.  To verify the accuracy of personal information

15  submitted by the individual to the business or its agents,

16  employees, or contractors; and

17         b.  If such information as so submitted is not correct

18  or is no longer correct, to obtain the correct information,

19  but only for the purposes of preventing fraud by, pursuing

20  legal remedies against, or recovering on a debt or security

21  interest against, the individual.

22         5.  For use in connection with any civil, criminal,

23  administrative, or arbitral proceeding in any court or agency

24  or before any self-regulatory body for:

25         a.  Service of process by any certified process server,

26  special process server, or other person authorized to serve

27  process in this state.

28         b.  Investigation in anticipation of litigation by an

29  attorney licensed to practice law in this state or the agent

30  of the attorney.

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    Florida Senate - 1999                                  SB 1998
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  1         c.  Investigation by any person in connection with any

  2  filed proceeding.

  3         d.  Execution or enforcement of judgments and orders.

  4         e.  Compliance with an order of any court.

  5         6.  For use in research activities and for use in

  6  producing statistical reports, so long as the personal

  7  information is not published, redisclosed, or used to contact

  8  individuals.

  9         7.  For use by any insurer or insurance support

10  organization, or by a self-insured entity, or its agents,

11  employees, or contractors, in connection with claims

12  investigation activities, anti-fraud activities, rating, or

13  underwriting.

14         8.  For use in providing notice to the owners of towed

15  or impounded vehicles.

16         9.  For use by any licensed private investigative

17  agency or licensed security service for any purpose permitted

18  under this paragraph. Personal information obtained based on

19  an exempt driver's record may not be provided to a client who

20  cannot demonstrate a need based on a police report, court

21  order, or a business or personal relationship with the subject

22  of the investigation.

23         10.  For use by an employer or its agent or insurer to

24  obtain or verify information relating to a holder of a

25  commercial driver's license that is required under the

26  Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.

27  2710 et seq.

28         11.  For use in connection with the operation of

29  private toll transportation facilities.

30         12.  Personal information that does not include social

31  security numbers, for bulk distribution for surveys,

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  1  marketing, or solicitations when the department has

  2  implemented methods and procedures to ensure that:

  3         a.  Individuals are provided an opportunity, in a clear

  4  and conspicuous manner, to prohibit such uses; and

  5         b.  The information will be used, rented, or sold

  6  solely for bulk distribution for survey, marketing, and

  7  solicitations, and that surveys, marketing, and solicitations

  8  will not be directed at those individuals who have timely

  9  requested that they not be directed at them.

10         13.  For any use if the requesting person demonstrates

11  that he or she has obtained the written consent of the person

12  who is the subject of the motor vehicle record.

13         14.  For any other use specifically authorized by state

14  law, if such use is related to the operation of a motor

15  vehicle or public safety.

16

17  Personal information exempted from public disclosure according

18  to this paragraph may be disclosed by the Department of

19  Highway Safety and Motor Vehicles to an individual, firm,

20  corporation, or similar business entity whose primary business

21  interest is to resell or redisclose the personal information

22  to persons who are authorized to receive such information.

23  Prior to the department's disclosure of personal information,

24  such individual, firm, corporation, or similar business entity

25  must first enter into a contract with the department regarding

26  the care, custody, and control of the personal information to

27  ensure compliance with the federal Driver's Privacy Protection

28  Act of 1994 and applicable state laws. An authorized recipient

29  of personal information contained in a motor vehicle record,

30  except a recipient under subparagraph 12., may contract with

31  the Department of Highway Safety and Motor Vehicles to resell

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    Florida Senate - 1999                                  SB 1998
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  1  or redisclose the information for any use permitted under this

  2  paragraph. However, only authorized recipients of personal

  3  information under subparagraph 12. may resell or redisclose

  4  personal information pursuant to subparagraph 12. Any

  5  authorized recipient who resells or rediscloses personal

  6  information shall maintain, for a period of 5 years, records

  7  identifying each person or entity that receives the personal

  8  information and the permitted purpose for which it will be

  9  used. Such records shall be made available for inspection upon

10  request by the department. The department shall adopt rules to

11  carry out the purposes of this paragraph and the federal

12  Driver's Privacy Protection Act of 1994, Title XXX, Pub. L.

13  No. 103-322. Rules adopted by the department shall provide for

14  the payment of applicable fees and, prior to the disclosure of

15  personal information pursuant to this paragraph, shall require

16  the meeting of conditions by the requesting person for the

17  purposes of obtaining reasonable assurance concerning the

18  identity of such requesting person, and, to the extent

19  required, assurance that the use will be only as authorized or

20  that the consent of the person who is the subject of the

21  personal information has been obtained.  Such conditions may

22  include, but need not be limited to, the making and filing of

23  a written application in such form and containing such

24  information and certification requirements as the department

25  requires.

26         Section 2.  Subsections (5) and (6) of section 322.142,

27  Florida Statutes, as amended by section 4 of chapter 98-223,

28  Laws of Florida, are repealed.

29         Section 3.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 1999                                  SB 1998
    11-932A-99




  1            *****************************************

  2                          SENATE SUMMARY

  3    Prohibits the Department of Highway Safety and Motor
      Vehicles from releasing social security numbers as part
  4    of the personal information released for use in surveys,
      marketing, or solicitations. Repeals s. 322.142(5) and
  5    (6), F.S., which authorizes the Department of Highway
      Safety and Motor Vehicles to sell copies of photographs
  6    and other information contained on driver's licenses and
      state identification cards for use in preventing fraud in
  7    financial transactions.

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