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

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