House Bill 0043e1

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                                         CS/HB 43, First Engrossed



  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 that photographic or

14         digital images shall not be knowingly disclosed

15         except as provided in s. 322.142, F.S.;

16         providing a finding of public necessity;

17         repealing s. 322.142(5) and (6), F.S., which

18         authorize the Department of Highway Safety and

19         Motor Vehicles to sell copies of photographs,

20         other images, and other driver's license and

21         identification card information under certain

22         conditions; providing an effective date.

23

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

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

27  119.07, Florida Statutes, 1998 Supplement, is amended to read:

28         119.07  Inspection, examination, and duplication of

29  records; exemptions.--

30         (3)

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                                         CS/HB 43, First Engrossed



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

  2  Department of Highway Safety and Motor Vehicles, personal

  3  information contained in a motor vehicle record that

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

  5  24(a), Art. I of the State Constitution except as provided in

  6  this paragraph.  Personal information includes, but is not

  7  limited to, the requester's social security number,

  8  photograph, driver identification number, name, address,

  9  telephone number, and medical or disability information.  For

10  purposes of this paragraph, personal information does not

11  include information relating to vehicular crashes, driving

12  violations, and driver's status.  Such request may be made

13  only by the person who is the subject of the motor vehicle

14  record.  For purposes of this paragraph, "motor vehicle

15  record" means any record that pertains to a motor vehicle

16  operator's permit, motor vehicle title, motor vehicle

17  registration, or identification card issued by the Department

18  of Highway Safety and Motor Vehicles. The department shall not

19  knowingly disclose personal information that is requested by

20  the presentation of only a license plate number unless such

21  information is requested by an individual, firm, or

22  corporation authorized to receive personal information for one

23  or more of the uses permitted by this paragraph. Personal

24  information contained in motor vehicle records exempted by an

25  individual's request pursuant to this paragraph shall be

26  released by the department for any of the following uses:

27         1.  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 and dealers by motor

31  vehicle manufacturers; and removal of nonowner records from


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                                         CS/HB 43, First Engrossed



  1  the original owner records of motor vehicle manufacturers, to

  2  carry out the purposes of the Automobile Information

  3  Disclosure Act, the Motor Vehicle Information and Cost Saving

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

  5  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

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

  7  court or law enforcement agency, in carrying out its

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

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

10  functions.

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

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

13  vehicle product alterations, recalls, or advisories;

14  performance monitoring of motor vehicles, motor vehicle parts,

15  and dealers; motor vehicle market research activities,

16  including survey research; and removal of nonowner records

17  from the original owner records of motor vehicle

18  manufacturers.

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

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

21  but only:

22         a.  To verify the accuracy of personal information

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

24  employees, or contractors; and

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

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

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

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

29  interest against, the individual.

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                                         CS/HB 43, First Engrossed



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

  2  administrative, or arbitral proceeding in any court or agency

  3  or before any self-regulatory body for:

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

  5  special process server, or other person authorized to serve

  6  process in this state.

  7         b.  Investigation in anticipation of litigation by an

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

  9  of the attorney.

10         c.  Investigation by any person in connection with any

11  filed proceeding.

12         d.  Execution or enforcement of judgments and orders.

13         e.  Compliance with an order of any court.

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

15  producing statistical reports, so long as the personal

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

17  individuals.

18         7.  For use by any insurer or insurance support

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

20  employees, or contractors, in connection with claims

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

22  underwriting.

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

24  or impounded vehicles.

25         9.  For use by any licensed private investigative

26  agency or licensed security service for any purpose permitted

27  under this paragraph. Personal information obtained based on

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

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

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

31  of the investigation.


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                                         CS/HB 43, First Engrossed



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

  2  obtain or verify information relating to a holder of a

  3  commercial driver's license that is required under the

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

  5  2710 et seq.

  6         11.  For use in connection with the operation of

  7  private toll transportation facilities.

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

  9  solicitations when the department has implemented methods and

10  procedures to ensure that:

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

12  and conspicuous manner, to prohibit such uses; and

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

14  solely for bulk distribution for survey, marketing, and

15  solicitations, and that surveys, marketing, and solicitations

16  will not be directed at those individuals who have timely

17  requested that they not be directed at them.

18         13.  For any use if the requesting person demonstrates

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

20  who is the subject of the motor vehicle record.

21         14.  For use by members of the news media.

22         15.14.  For any other use specifically authorized by

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

24  vehicle or public safety.

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26  The department shall not knowingly disclose or otherwise make

27  available to any person the social security number contained

28  in motor vehicle records except when the person has

29  demonstrated to the department in writing that he or she

30  complies with the guidelines of the Individual References

31  Services Group, on file with the Federal Trade Commission,


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                                         CS/HB 43, First Engrossed



  1  that limit the distribution of social security numbers, or

  2  that he or she is allowed personal identifying information

  3  under subparagraph 2., subparagraph 4., subparagraph 5.,

  4  subparagraph 7., subparagraph 9., subparagraph 10., or

  5  subparagraph 12. In addition, the department shall not

  6  knowingly disclose or otherwise make available any

  7  photographic or digital images from motor vehicle records

  8  except as provided in s. 322.142. Personal information

  9  exempted from public disclosure according to this paragraph

10  may be disclosed by the Department of Highway Safety and Motor

11  Vehicles to an individual, firm, corporation, or similar

12  business entity whose primary business interest is to resell

13  or redisclose the personal information to persons who are

14  authorized to receive such information.  Prior to the

15  department's disclosure of personal information, such

16  individual, firm, corporation, or similar business entity must

17  first enter into a contract with the department regarding the

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

19  ensure compliance with the federal Driver's Privacy Protection

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

21  of personal information contained in a motor vehicle record,

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

23  the Department of Highway Safety and Motor Vehicles to resell

24  or redisclose the information for any use permitted under this

25  paragraph. However, only authorized recipients of personal

26  information under subparagraph 12. may resell or redisclose

27  personal information pursuant to subparagraph 12. Any

28  authorized recipient who resells or rediscloses personal

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

30  identifying each person or entity that receives the personal

31  information and the permitted purpose for which it will be


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                                         CS/HB 43, First Engrossed



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

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

  3  carry out the purposes of this paragraph and the federal

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

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

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

  7  personal information pursuant to this paragraph, shall require

  8  the meeting of conditions by the requesting person for the

  9  purposes of obtaining reasonable assurance concerning the

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

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

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

13  personal information has been obtained.  Such conditions may

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

15  a written application in such form and containing such

16  information and certification requirements as the department

17  requires.

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

19  of 1994 prohibits disclosure of information obtained in

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

21  personal nature, with specified exceptions. The Legislature

22  has previously found that limiting access to motor vehicle

23  records held by the Department of Highway Safety and Motor

24  Vehicles affords the public an added measure of protection by

25  preventing individuals from obtaining personal information for

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

27  public necessity that this personal information be exempt from

28  public disclosure when only a license plate number of a

29  vehicle is presented. Without such a restriction sensitive,

30  personal information about those persons who have not made a

31  request for exemption will continue to be readily available


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                                         CS/HB 43, First Engrossed



  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.  Subsections (5) and (6) of section 322.142,

  5  Florida Statutes, 1998 Supplement, are repealed.

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

  7  law.

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