House Bill 0043c1
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Florida House of Representatives - 1999 CS/HB 43
By the Committee on Governmental Operations and
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; specifying that such personal
7 information includes a person's photograph;
8 restricting the disclosure of such information
9 upon presentation of a license plate number
10 only; providing conditions for the disclosure
11 of social security numbers; providing an
12 additional use for which such information may
13 be released; providing a finding of public
14 necessity; repealing s. 322.142(5) and (6),
15 F.S., which authorize the Department of Highway
16 Safety and Motor Vehicles to sell copies of
17 photographs, other images, and other driver's
18 license and identification card information
19 under certain conditions; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraph (bb) of subsection (3) of section
25 119.07, Florida Statutes, 1998 Supplement, is amended to read:
26 119.07 Inspection, examination, and duplication of
27 records; exemptions.--
28 (3)
29 (bb) Upon a request made in a form designated by the
30 Department of Highway Safety and Motor Vehicles, personal
31 information contained in a motor vehicle record that
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Florida House of Representatives - 1999 CS/HB 43
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1 identifies the requester is exempt from subsection (1) and s.
2 24(a), Art. I of the State Constitution except as provided in
3 this paragraph. Personal information includes, but is not
4 limited to, the requester's social security number,
5 photograph, driver identification number, name, address,
6 telephone number, and medical or disability information. For
7 purposes of this paragraph, personal information does not
8 include information relating to vehicular crashes, driving
9 violations, and driver's status. Such request may be made
10 only by the person who is the subject of the motor vehicle
11 record. For purposes of this paragraph, "motor vehicle
12 record" means any record that pertains to a motor vehicle
13 operator's permit, motor vehicle title, motor vehicle
14 registration, or identification card issued by the Department
15 of Highway Safety and Motor Vehicles. The department shall not
16 knowingly disclose personal information that is requested by
17 the presentation of only a license plate number unless such
18 information is requested by an individual, firm, or
19 corporation authorized to receive personal information for one
20 or more of the uses permitted by this paragraph. Personal
21 information contained in motor vehicle records exempted by an
22 individual's request pursuant to this paragraph shall be
23 released by the department for any of the following uses:
24 1. For use in connection with matters of motor vehicle
25 or driver safety and theft; motor vehicle emissions; motor
26 vehicle product alterations, recalls, or advisories;
27 performance monitoring of motor vehicles and dealers by motor
28 vehicle manufacturers; and removal of nonowner records from
29 the original owner records of motor vehicle manufacturers, to
30 carry out the purposes of the Automobile Information
31 Disclosure Act, the Motor Vehicle Information and Cost Saving
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1 Act, the National Traffic and Motor Vehicle Safety Act of
2 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.
3 2. For use by any government agency, including any
4 court or law enforcement agency, in carrying out its
5 functions, or any private person or entity acting on behalf of
6 a federal, state, or local agency in carrying out its
7 functions.
8 3. For use in connection with matters of motor vehicle
9 or driver safety and theft; motor vehicle emissions; motor
10 vehicle product alterations, recalls, or advisories;
11 performance monitoring of motor vehicles, motor vehicle parts,
12 and dealers; motor vehicle market research activities,
13 including survey research; and removal of nonowner records
14 from the original owner records of motor vehicle
15 manufacturers.
16 4. For use in the normal course of business by a
17 legitimate business or its agents, employees, or contractors,
18 but only:
19 a. To verify the accuracy of personal information
20 submitted by the individual to the business or its agents,
21 employees, or contractors; and
22 b. If such information as so submitted is not correct
23 or is no longer correct, to obtain the correct information,
24 but only for the purposes of preventing fraud by, pursuing
25 legal remedies against, or recovering on a debt or security
26 interest against, the individual.
27 5. For use in connection with any civil, criminal,
28 administrative, or arbitral proceeding in any court or agency
29 or before any self-regulatory body for:
30
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1 a. Service of process by any certified process server,
2 special process server, or other person authorized to serve
3 process in this state.
4 b. Investigation in anticipation of litigation by an
5 attorney licensed to practice law in this state or the agent
6 of the attorney.
7 c. Investigation by any person in connection with any
8 filed proceeding.
9 d. Execution or enforcement of judgments and orders.
10 e. Compliance with an order of any court.
11 6. For use in research activities and for use in
12 producing statistical reports, so long as the personal
13 information is not published, redisclosed, or used to contact
14 individuals.
15 7. For use by any insurer or insurance support
16 organization, or by a self-insured entity, or its agents,
17 employees, or contractors, in connection with claims
18 investigation activities, anti-fraud activities, rating, or
19 underwriting.
20 8. For use in providing notice to the owners of towed
21 or impounded vehicles.
22 9. For use by any licensed private investigative
23 agency or licensed security service for any purpose permitted
24 under this paragraph. Personal information obtained based on
25 an exempt driver's record may not be provided to a client who
26 cannot demonstrate a need based on a police report, court
27 order, or a business or personal relationship with the subject
28 of the investigation.
29 10. For use by an employer or its agent or insurer to
30 obtain or verify information relating to a holder of a
31 commercial driver's license that is required under the
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1 Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.
2 2710 et seq.
3 11. For use in connection with the operation of
4 private toll transportation facilities.
5 12. For bulk distribution for surveys, marketing, or
6 solicitations when the department has implemented methods and
7 procedures to ensure that:
8 a. Individuals are provided an opportunity, in a clear
9 and conspicuous manner, to prohibit such uses; and
10 b. The information will be used, rented, or sold
11 solely for bulk distribution for survey, marketing, and
12 solicitations, and that surveys, marketing, and solicitations
13 will not be directed at those individuals who have timely
14 requested that they not be directed at them.
15 13. For any use if the requesting person demonstrates
16 that he or she has obtained the written consent of the person
17 who is the subject of the motor vehicle record.
18 14. For use by members of the news media.
19 15.14. For any other use specifically authorized by
20 state law, if such use is related to the operation of a motor
21 vehicle or public safety.
22
23 The department shall not knowingly disclose or otherwise make
24 available to any person the social security number contained
25 in motor vehicle records except when the person has
26 demonstrated to the department in writing that he or she
27 complies with the guidelines of the Individual References
28 Services Group, on file with the Federal Trade Commission,
29 that limit the distribution of social security numbers, or
30 that he or she is allowed personal identifying information
31 under subparagraph 2., subparagraph 4., subparagraph 5.,
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1 subparagraph 7., subparagraph 9., subparagraph 10., or
2 subparagraph 12. Personal information exempted from public
3 disclosure according to this paragraph may be disclosed by the
4 Department of Highway Safety and Motor Vehicles to an
5 individual, firm, corporation, or similar business entity
6 whose primary business interest is to resell or redisclose the
7 personal information to persons who are authorized to receive
8 such information. Prior to the department's disclosure of
9 personal information, such individual, firm, corporation, or
10 similar business entity must first enter into a contract with
11 the department regarding the care, custody, and control of the
12 personal information to ensure compliance with the federal
13 Driver's Privacy Protection Act of 1994 and applicable state
14 laws. An authorized recipient of personal information
15 contained in a motor vehicle record, except a recipient under
16 subparagraph 12., may contract with the Department of Highway
17 Safety and Motor Vehicles to resell or redisclose the
18 information for any use permitted under this paragraph.
19 However, only authorized recipients of personal information
20 under subparagraph 12. may resell or redisclose personal
21 information pursuant to subparagraph 12. Any authorized
22 recipient who resells or rediscloses personal information
23 shall maintain, for a period of 5 years, records identifying
24 each person or entity that receives the personal information
25 and the permitted purpose for which it will be used. Such
26 records shall be made available for inspection upon request by
27 the department. The department shall adopt rules to carry out
28 the purposes of this paragraph and the federal Driver's
29 Privacy Protection Act of 1994, Title XXX, Pub. L. No.
30 103-322. Rules adopted by the department shall provide for the
31 payment of applicable fees and, prior to the disclosure of
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1 personal information pursuant to this paragraph, shall require
2 the meeting of conditions by the requesting person for the
3 purposes of obtaining reasonable assurance concerning the
4 identity of such requesting person, and, to the extent
5 required, assurance that the use will be only as authorized or
6 that the consent of the person who is the subject of the
7 personal information has been obtained. Such conditions may
8 include, but need not be limited to, the making and filing of
9 a written application in such form and containing such
10 information and certification requirements as the department
11 requires.
12 Section 2. The federal Driver's Privacy Protection Act
13 of 1994 prohibits disclosure of information obtained in
14 connection with motor vehicle records that is of a sensitive,
15 personal nature, with specified exceptions. The Legislature
16 has previously found that limiting access to motor vehicle
17 records held by the Department of Highway Safety and Motor
18 Vehicles affords the public an added measure of protection by
19 preventing individuals from obtaining personal information for
20 malicious purposes. The Legislature further finds that it is a
21 public necessity that this personal information be exempt from
22 public disclosure when only a license plate number of a
23 vehicle is presented. Without such a restriction sensitive,
24 personal information about those persons who have not made a
25 request for exemption will continue to be readily available
26 for misuse by unscrupulous persons, defeating the public
27 purpose served by this exemption and subjecting those persons
28 to possible harassment and personal danger.
29 Section 3. Subsections (5) and (6) of section 322.142,
30 Florida Statutes, 1998 Supplement, are repealed.
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1 Section 4. This act shall take effect upon becoming a
2 law.
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