Senate Bill sb2464

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    Florida Senate - 2002                                  SB 2464

    By Senator Cowin





    11-1758-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; revising exemptions relating to

  4         the confidentiality of social security numbers

  5         of current and former agency employees and the

  6         confidentiality of personal data, including

  7         social security numbers, which is collected by

  8         the Department of Highway Safety and Motor

  9         Vehicles; providing penalties for revealing

10         such social security numbers; providing that

11         the motor vehicle data may be revealed only

12         after the person who is the subject of the data

13         has been given notice and has provided his or

14         her written consent; providing exceptions;

15         providing a statement of public necessity;

16         providing an effective date.

17

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

19

20         Section 1.  Paragraphs (x) and (bb) of subsection (3)

21  of section 119.07, Florida Statutes, as amended by section 1

22  of chapter 2001-364, Laws of Florida, are amended to read:

23         119.07  Inspection, examination, and duplication of

24  records; exemptions.--

25         (3)

26         (x)1.  The social security numbers of all current and

27  former agency employees which numbers are contained in agency

28  employment records are exempt from subsection (1) and exempt

29  from s. 24(a), Art. I of the State Constitution.  As used in

30  this paragraph, the term "agency" means an agency as defined

31  in s. 119.011.

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    Florida Senate - 2002                                  SB 2464
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  1         2.  An individual who is employed by or contracts with

  2  an agency may not reveal such a social security number except

  3  as specifically required by law and with prior written notice

  4  to the holder of the social security number. A violation of

  5  this subparagraph is a misdemeanor of the first degree,

  6  punishable as provided in s. 775.082 or s. 775.083.

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

  8  Department of Highway Safety and Motor Vehicles, Personal

  9  information contained in a motor vehicle record that

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

11  24(a), Art. I of the State Constitution except as provided in

12  this paragraph.  Personal information includes, but is not

13  limited to, the requester's social security number, driver

14  identification number, name, address, telephone number, and

15  medical or disability information.  For purposes of this

16  paragraph, personal information does not include information

17  relating to vehicular crashes, driving violations, and

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

19  who is the subject of the motor vehicle record. As used in For

20  purposes of this paragraph, the term "motor vehicle record"

21  means any record that pertains to a motor vehicle operator's

22  permit, motor vehicle title, motor vehicle registration, or

23  identification card issued by the Department of Highway Safety

24  and Motor Vehicles.  Personal information contained in motor

25  vehicle records exempted by an individual's request pursuant

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

27  of the following uses, but only after written notice is given

28  to the person who is the subject of the motor vehicle record:

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

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

31  vehicle product alterations, recalls, or advisories;

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    Florida Senate - 2002                                  SB 2464
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  1  performance monitoring of motor vehicles, motor vehicle parts,

  2  and dealers by motor vehicle manufacturers; and removal of

  3  nonowner records from the original owner records of motor

  4  vehicle manufacturers, to carry out the purposes of the

  5  Automobile Information Disclosure Act, the Motor Vehicle

  6  Information and Cost Saving Act, the National Traffic and

  7  Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of

  8  1992, and the Clean Air Act. Notwithstanding any other

  9  provision of this paragraph, the subject of the record need

10  not be notified of the release of personal information for use

11  in connection with motor-vehicle theft if he or she is under

12  investigation by a law-enforcement agency in connection with

13  such a matter.

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

15  court or law enforcement agency, in carrying out its

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

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

18  functions.

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

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

21  vehicle product alterations, recalls, or advisories;

22  performance monitoring of motor vehicles, motor vehicle parts,

23  and dealers; motor vehicle market research activities,

24  including survey research; and removal of nonowner records

25  from the original owner records of motor vehicle

26  manufacturers.

27         3.4.  For use in the normal course of business by a

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

29  but only:

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  1         a.  To verify the accuracy of personal information

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

  3  employees, or contractors; and

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

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

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

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

  8  interest against, the individual.

  9         4.5.  For use in connection with any civil, criminal,

10  administrative, or arbitral proceeding in any court or agency

11  or before any self-regulatory body for:

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

13  special process server, or other person authorized to serve

14  process in this state.

15         b.  Investigation in anticipation of litigation by an

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

17  of the attorney.

18         c.  Investigation by any person in connection with any

19  filed proceeding.

20         d.  Execution or enforcement of judgments and orders.

21         e.  Compliance with an order of any court.

22         5.6.  For use in research activities and for use in

23  producing statistical reports, so long as the personal

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

25  individuals.

26         6.7.  For use by any insurer or insurance support

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

28  employees, or contractors, in connection with claims

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

30  underwriting.

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    Florida Senate - 2002                                  SB 2464
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  1         7.8.  For use in providing notice to the owners of

  2  towed or impounded vehicles.

  3         8.9.  For use by any licensed private investigative

  4  agency or licensed security service for any purpose permitted

  5  under this paragraph. Personal information obtained based on

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

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

  8  order, or a compelling need for the information business or

  9  personal relationship with the subject of the investigation.

10  As used in this subparagraph, the term "compelling need"

11  includes potential legal action relating to an alleged

12  default, theft, fraud, or marital infidelity.

13         9.10.  For use by an employer or its agent or insurer

14  to obtain or verify information relating to a holder of a

15  commercial driver's license that is required under the

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

17  2710 et seq.

18         10.11.  For use in connection with the operation of

19  private toll transportation facilities.

20         11.12.  For bulk distribution for surveys, marketing,

21  or solicitations when the department has implemented methods

22  and procedures to ensure that:

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

24  and conspicuous manner, to prohibit such uses; and

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

26  solely for bulk distribution for survey, marketing, and

27  solicitations, and that surveys, marketing, and solicitations

28  will not be directed at those individuals who have timely

29  requested that they not be directed at them.

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    Florida Senate - 2002                                  SB 2464
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  1         12.13.  For any use if the requesting person

  2  demonstrates that he or she has obtained the written consent

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

  4         13.14.  For any other use specifically authorized by

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

  6  vehicle or public safety. Notwithstanding any other provision

  7  of this section, the person who is the subject of the record

  8  need not receive prior notice of such use.

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10  Personal information exempted from public disclosure according

11  to this paragraph may be disclosed by the Department of

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

13  corporation, or similar business entity whose primary business

14  interest is to resell or redisclose the personal information

15  to persons who are authorized to receive such information.

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

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

18  must first enter into a contract with the department regarding

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

20  ensure compliance with the federal Driver's Privacy Protection

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

22  of personal information contained in a motor vehicle record,

23  except a recipient under subparagraph 11. 12., may contract

24  with the Department of Highway Safety and Motor Vehicles to

25  resell or redisclose the information for any use permitted

26  under this paragraph. However, only authorized recipients of

27  personal information under subparagraph 11. 12. may resell or

28  redisclose personal information pursuant to subparagraph 11.

29  12. Any authorized recipient who resells or rediscloses

30  personal information shall maintain, for a period of 5 years,

31  records identifying each person or entity that receives the

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    Florida Senate - 2002                                  SB 2464
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  1  personal information and the permitted purpose for which it

  2  will be used. Such records shall be made available for

  3  inspection upon request by the department. The department

  4  shall adopt rules to carry out the purposes of this paragraph

  5  and the federal Driver's Privacy Protection Act of 1994, Title

  6  XXX, Pub. L. No. 103-322. Rules adopted by the department

  7  shall provide for the payment of applicable fees and, prior to

  8  the disclosure of personal information pursuant to this

  9  paragraph, shall require the meeting of conditions by the

10  requesting person for the purposes of obtaining reasonable

11  assurance concerning the identity of such requesting person,

12  and, to the extent required, assurance that the use will be

13  only as authorized or that the consent of the person who is

14  the subject of the personal information has been obtained.

15  Such conditions may include, but need not be limited to, the

16  making and filing of a written application in such form and

17  containing such information and certification requirements as

18  the department requires.

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

20  necessity to restrict the disclosure of social security

21  numbers and other personal identifying information gathered by

22  the Department of Highway Safety and Motor Vehicles and to

23  provide penalties for disclosing the social security numbers

24  of current and former agency employees because the ready

25  availability of that data makes it much easier for criminals

26  to perpetrate the increasingly commonplace crime of identity

27  theft, the consequences of which are extremely difficult for

28  the victim to resolve. Furthermore, the confidentiality of

29  such information upholds the precious right of privacy which

30  is provided to residents of this country and of Florida under

31  the United States Constitution and the State Constitution. In

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    Florida Senate - 2002                                  SB 2464
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  1  addition, the restrictions provided in this act are based in

  2  part upon recommendations stated in the "Statewide Grand Jury

  3  Report (on) Identity Theft in Florida" (In the Supreme Court

  4  of the State of Florida; Case No.: SC 01-1095; First Interim

  5  Report of the Sixteenth Statewide Grand Jury, dated January

  6  10, 2002).

  7         Section 3.  This act shall take effect July 1, 2002.

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10                          SENATE SUMMARY

11    Revises exemptions from public records requirements
      relating to social security numbers and other personal
12    data collected by state agencies. Provides penalties for
      revealing the social security number of a current or
13    former agency employee. Provides a statement of public
      necessity.
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