House Bill hb1311

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    Florida House of Representatives - 2002                HB 1311

        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; restricting release of social

10         security numbers and medical and disability

11         information; revising conditions for the

12         release of information for bulk distribution

13         use; providing for release of information when

14         the subject has given consent; providing that

15         the restrictions on the disclosure of

16         information do not affect the use of organ

17         donor information; providing for rules;

18         providing a finding of public necessity;

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, 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 subject of the record requester is exempt from

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    Florida House of Representatives - 2002                HB 1311

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  1  subsection (1) and s. 24(a), Art. I of the State Constitution

  2  except as provided in this paragraph.  Personal information

  3  includes, but is not limited to, the subject's requester's

  4  social security number, driver identification number, name,

  5  address, and telephone number, and medical or disability

  6  information about the subject.  For purposes of this

  7  paragraph, personal information does not include information

  8  relating to vehicular crashes, driving violations, and

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

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

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

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

13  vehicle title, motor vehicle registration, or identification

14  card issued by the Department of Highway Safety and Motor

15  Vehicles.  Personal information contained in motor vehicle

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

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

18  following uses, except that social security numbers and

19  medical and disability information contained in motor vehicle

20  records shall only be released for the uses set out in

21  subparagraphs 2., 5., 7., 10., and 15.:

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

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

24  vehicle product alterations, recalls, or advisories;

25  performance monitoring of motor vehicles and dealers by motor

26  vehicle manufacturers; and removal of nonowner records from

27  the original owner records of motor vehicle manufacturers, to

28  carry out the purposes of the Automobile Information

29  Disclosure Act, the Motor Vehicle Information and Cost Saving

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

31  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

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    Florida House of Representatives - 2002                HB 1311

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

  2  court or law enforcement agency, in carrying out its

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

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

  5  functions.

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

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

  8  vehicle product alterations, recalls, or advisories;

  9  performance monitoring of motor vehicles, motor vehicle parts,

10  and dealers; motor vehicle market research activities,

11  including survey research; and removal of nonowner records

12  from the original owner records of motor vehicle

13  manufacturers.

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

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

16  but only:

17         a.  To verify the accuracy of personal information

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

19  employees, or contractors; and

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

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

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

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

24  interest against, the individual.

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

26  administrative, or arbitral proceeding in any court or agency

27  or before any self-regulatory body for:

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

29  special process server, or other person authorized to serve

30  process in this state.

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    Florida House of Representatives - 2002                HB 1311

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  1         b.  Investigation in anticipation of litigation by an

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

  3  of the attorney.

  4         c.  Investigation by any person in connection with any

  5  filed proceeding.

  6         d.  Execution or enforcement of judgments and orders.

  7         e.  Compliance with an order of any court.

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

  9  producing statistical reports, so long as the personal

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

11  individuals.

12         7.  For use by any insurer or insurance support

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

14  employees, or contractors, in connection with claims

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

16  underwriting.

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

18  or impounded vehicles.

19         9.  For use by any licensed private investigative

20  agency or licensed security service for any purpose permitted

21  under this paragraph. Personal information obtained based on

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

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

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

25  of the investigation.

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

27  obtain or verify information relating to a holder of a

28  commercial driver's license that is required under the

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

30  2710 et seq.

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    Florida House of Representatives - 2002                HB 1311

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  1         11.  For use in connection with the operation of

  2  private toll transportation facilities.

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

  4  solicitations when the person to whom the personal information

  5  pertains has given express consent for such use on a form

  6  prescribed by the department. Such consent shall remain in

  7  effect until it is revoked by the person on a form prescribed

  8  by the department. department has implemented methods and

  9  procedures to ensure that:

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

11  and conspicuous manner, to prohibit such uses; and

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

13  solely for bulk distribution for survey, marketing, and

14  solicitations, and that surveys, marketing, and solicitations

15  will not be directed at those individuals who have timely

16  requested that they not be directed at them.

17         13.  For any use if the requesting person demonstrates

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

19  who is the subject of the motor vehicle record.

20         14.  For any other use specifically authorized by state

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

22  vehicle or public safety.

23         15.  For any other use if the person to whom the

24  information pertains has given express consent. Such consent

25  shall remain in effect until it is revoked by the person.

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27  The restrictions on disclosure of personal information

28  provided by this paragraph shall not in any way affect the use

29  of organ donation information on individual driver's licenses

30  nor affect the administration of organ donation initiatives in

31  this state. Personal information exempted from public

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    Florida House of Representatives - 2002                HB 1311

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  1  disclosure according to this paragraph may be disclosed by the

  2  Department of Highway Safety and Motor Vehicles to an

  3  individual, firm, corporation, or similar business entity

  4  whose primary business interest is to resell or redisclose the

  5  personal information to persons who are authorized to receive

  6  such information.  Prior to the department's disclosure of

  7  personal information, such individual, firm, corporation, or

  8  similar business entity must first enter into a contract with

  9  the department regarding the care, custody, and control of the

10  personal information to ensure compliance with the federal

11  Driver's Privacy Protection Act of 1994 and applicable state

12  laws. An authorized recipient of personal information

13  contained in a motor vehicle record, except a recipient under

14  subparagraph 12., may contract with the Department of Highway

15  Safety and Motor Vehicles to resell or redisclose the

16  information for any use permitted under this paragraph.

17  However, only authorized recipients of personal information

18  under subparagraph 12. may resell or redisclose personal

19  information pursuant to subparagraph 12. Any authorized

20  recipient who resells or rediscloses personal information

21  shall maintain, for a period of 5 years, records identifying

22  each person or entity that receives the personal information

23  and the permitted purpose for which it will be used. Such

24  records shall be made available for inspection upon request by

25  the department. The department shall adopt rules to carry out

26  the purposes of this paragraph and the federal Driver's

27  Privacy Protection Act of 1994, Title XXX, Pub. L. No.

28  103-322, as amended by s. 350 of Pub. L. No. 106-69. Rules

29  adopted by the department shall provide for the payment of

30  applicable fees and, prior to the disclosure of personal

31  information pursuant to this paragraph, shall require the

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    Florida House of Representatives - 2002                HB 1311

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  1  meeting of conditions by the requesting person for the

  2  purposes of obtaining reasonable assurance concerning the

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

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

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

  6  personal information has been obtained.  Such conditions may

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

  8  a written application in such form and containing such

  9  information and certification requirements as the department

10  requires.

11         Section 2.  The Legislature finds that it is a public

12  necessity that personal information in a person's motor

13  vehicle record held by the Department of Highway Safety and

14  Motor Vehicles be exempt from public disclosure. Limiting

15  access to motor vehicle records will afford the public an

16  added measure of protection by preventing individuals from

17  obtaining for malicious purposes personal information

18  contained in the state's motor vehicle records. Further, such

19  an exemption will conform state law to the requirements of the

20  federal Driver's Privacy Protection Act of 1994, as amended by

21  s. 350 of Pub. L. No. 106-69, which prohibits disclosure of

22  such information of a sensitive, personal nature, with

23  specified exceptions.

24         Section 3.  This act shall take effect January 1, 2003.

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    Florida House of Representatives - 2002                HB 1311

    581-153B-02






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  2                          HOUSE SUMMARY

  3
      Revises the exemption from public records requirements
  4    for personal information contained in a motor vehicle
      record held by the Department of Highway Safety and Motor
  5    Vehicles. Removes the requirement that such exemption be
      conditioned on a request for exemption by the person who
  6    is the subject of the record. Restricts release of social
      security numbers and medical and disability information.
  7    Revises conditions for the release of information for
      bulk distribution use. Provides for release of
  8    information when the subject has given consent. Provides
      that the restrictions on the disclosure of information do
  9    not affect the use of organ donor information.

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