House Bill 0043

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    Florida House of Representatives - 1999                  HB 43

        By Representative Harrington






  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; revising the exemption from

  4         public records requirements for personal

  5         information contained in a motor vehicle

  6         record; removing the requirement that said

  7         exemption be conditioned on a request for

  8         exemption by the person who is the subject of

  9         the record; providing a finding of public

10         necessity; providing an effective date.

11

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

13

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

15  119.07, Florida Statutes, 1998 Supplement, is amended to read:

16         119.07  Inspection, examination, and duplication of

17  records; exemptions.--

18         (3)

19         (bb)  All Upon a request made in a form designated by

20  the Department of Highway Safety and Motor Vehicles, personal

21  information contained in a motor vehicle record maintained by

22  the Department of Highway Safety and Motor Vehicles that

23  identifies the person who is the subject of the record

24  requester is exempt from subsection (1) and s. 24(a), Art. I

25  of the State Constitution except as provided in this

26  paragraph.  Personal information includes, but is not limited

27  to, the requester's social security number, driver

28  identification number, name, address, and telephone number of

29  the person who is the subject of the record, and medical or

30  disability information about that person.  For purposes of

31  this paragraph, personal information does not include

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    Florida House of Representatives - 1999                  HB 43

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  1  information relating to vehicular crashes, driving violations,

  2  and driver's status.  Such request may be made only by the

  3  person who is the subject of the motor vehicle record.  For

  4  purposes of this paragraph, "motor vehicle record" means any

  5  record that pertains to a motor vehicle operator's permit,

  6  motor vehicle title, motor vehicle registration, or

  7  identification card issued by the Department of Highway Safety

  8  and Motor Vehicles.  Personal information contained in motor

  9  vehicle records exempted by an individual's request pursuant

10  to this paragraph shall be released by the department for any

11  of the following uses:

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

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

14  vehicle product alterations, recalls, or advisories;

15  performance monitoring of motor vehicles and dealers by motor

16  vehicle manufacturers; and removal of nonowner records from

17  the original owner records of motor vehicle manufacturers, to

18  carry out the purposes of the Automobile Information

19  Disclosure Act, the Motor Vehicle Information and Cost Saving

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

21  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

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

23  court or law enforcement agency, in carrying out its

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

25  a federal, state, or local agency in carrying out its

26  functions.

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

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

29  vehicle product alterations, recalls, or advisories;

30  performance monitoring of motor vehicles, motor vehicle parts,

31  and dealers; motor vehicle market research activities,

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    Florida House of Representatives - 1999                  HB 43

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  1  including survey research; and removal of nonowner records

  2  from the original owner records of motor vehicle

  3  manufacturers.

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

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

  6  but only:

  7         a.  To verify the accuracy of personal information

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

  9  employees, or contractors; and

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

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

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

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

14  interest against, the individual.

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

16  administrative, or arbitral proceeding in any court or agency

17  or before any self-regulatory body for:

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

19  special process server, or other person authorized to serve

20  process in this state.

21         b.  Investigation in anticipation of litigation by an

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

23  of the attorney.

24         c.  Investigation by any person in connection with any

25  filed proceeding.

26         d.  Execution or enforcement of judgments and orders.

27         e.  Compliance with an order of any court.

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

29  producing statistical reports, so long as the personal

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

31  individuals.

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  1         7.  For use by any insurer or insurance support

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

  3  employees, or contractors, in connection with claims

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

  5  underwriting.

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

  7  or impounded vehicles.

  8         9.  For use by any licensed private investigative

  9  agency or licensed security service for any purpose permitted

10  under this paragraph. Personal information obtained based on

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

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

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

14  of the investigation.

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

16  obtain or verify information relating to a holder of a

17  commercial driver's license that is required under the

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

19  2710 et seq.

20         11.  For use in connection with the operation of

21  private toll transportation facilities.

22         12.  For bulk distribution for surveys, marketing, or

23  solicitations when the department has implemented methods and

24  procedures to ensure that:

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

26  and conspicuous manner, to prohibit such uses; and

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

28  solely for bulk distribution for survey, marketing, and

29  solicitations, and that surveys, marketing, and solicitations

30  will not be directed at those individuals who have timely

31  requested that they not be directed at them.

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  1         13.  For any use if the requesting person demonstrates

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

  3  who is the subject of the motor vehicle record.

  4         14.  For any other use specifically authorized by state

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

  6  vehicle or public safety.

  7

  8  Personal information exempted from public disclosure according

  9  to this paragraph may be disclosed by the Department of

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

11  corporation, or similar business entity whose primary business

12  interest is to resell or redisclose the personal information

13  to persons who are authorized to receive such information.

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

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

16  must first enter into a contract with the department regarding

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

18  ensure compliance with the federal Driver's Privacy Protection

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

20  of personal information contained in a motor vehicle record,

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

22  the Department of Highway Safety and Motor Vehicles to resell

23  or redisclose the information for any use permitted under this

24  paragraph. However, only authorized recipients of personal

25  information under subparagraph 12. may resell or redisclose

26  personal information pursuant to subparagraph 12. Any

27  authorized recipient who resells or rediscloses personal

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

29  identifying each person or entity that receives the personal

30  information and the permitted purpose for which it will be

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

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

  2  carry out the purposes of this paragraph and the federal

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

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

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

  6  personal information pursuant to this paragraph, shall require

  7  the meeting of conditions by the requesting person for the

  8  purposes of obtaining reasonable assurance concerning the

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

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

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

12  personal information has been obtained.  Such conditions may

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

14  a written application in such form and containing such

15  information and certification requirements as the department

16  requires.

17         Section 2.  The federal Driver's Privacy Protection Act

18  of 1994 prohibits disclosure of information obtained in

19  connection with motor vehicle records that is of a sensitive,

20  personal nature, with specified exceptions. The Legislature

21  has previously found that limiting access to motor vehicle

22  records held by the Department of Highway Safety and Motor

23  Vehicles affords the public an added measure of protection by

24  preventing individuals from obtaining personal information for

25  malicious purposes. The Legislature further finds that it is a

26  public necessity that this personal information be exempt from

27  public disclosure without requiring the person who is the

28  subject of the record to make a formal request to the

29  department for such exemption. Such a requirement allows

30  sensitive, personal information about those persons who have

31  not made a request for exemption to continue to be available

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    Florida House of Representatives - 1999                  HB 43

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  1  for misuse by unscrupulous persons, defeating the public

  2  purpose served by this exemption and subjecting those persons

  3  to possible harassment and personal danger.

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

  5  law.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Revises the exemption from public records requirements
10    for personal information contained in a motor vehicle
      record held by the Department of Highway Safety and Motor
11    Vehicles, removing the requirement that such exemption be
      conditioned on a request for exemption by the person who
12    is the subject of the record.

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