Senate Bill sb2416c2
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Florida Senate - 2003 CS for CS for SB 2416
By the Committees on Judiciary; Transportation; and Senator
Sebesta
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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 the
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 on a form
15 prescribed by the Department of Highway Safety
16 and Motor Vehicles; providing that the
17 restrictions on the disclosure of information
18 do not affect the use of organ donor
19 information; providing for rulemaking;
20 providing for future review and repeal;
21 providing a finding of public necessity;
22 providing an effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Paragraph (aa) of subsection (3) of section
27 119.07, Florida Statutes, is amended to read:
28 119.07 Inspection, examination, and duplication of
29 records; exemptions.--
30 (3)
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1 (aa) 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 subject of the record requester is exempt from
5 subsection (1) and s. 24(a), Art. I of the State Constitution
6 except as provided in this paragraph. Personal information
7 includes, but is not limited to, the subject's requester's
8 social security number, driver identification number, name,
9 address, telephone number, and medical or disability
10 information. For purposes of this paragraph, personal
11 information does not include information relating to vehicular
12 crashes, driving violations, and driver's status. Such request
13 may be made only by the person who is the subject of the motor
14 vehicle record. For purposes of this paragraph, the term
15 "motor vehicle record" means any record that pertains to a
16 motor vehicle operator's permit, motor vehicle title, motor
17 vehicle registration, or identification card issued by the
18 Department of Highway Safety and Motor Vehicles. Personal
19 information contained in motor vehicle records exempted by an
20 individual's request pursuant to this paragraph shall be
21 released by the department for any of the following uses,
22 except that social security numbers and medical and disability
23 information contained in motor vehicle records may be released
24 only for the uses set forth in subparagraphs 2., 5., 7., 10.,
25 and 15.:
26 1. For use in connection with matters of motor vehicle
27 or driver safety and theft; motor vehicle emissions; motor
28 vehicle product alterations, recalls, or advisories;
29 performance monitoring of motor vehicles and dealers by motor
30 vehicle manufacturers; and removal of nonowner records from
31 the original owner records of motor vehicle manufacturers, to
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Florida Senate - 2003 CS for CS for SB 2416
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1 carry out the purposes of the Automobile Information
2 Disclosure Act, the Motor Vehicle Information and Cost Saving
3 Act, the National Traffic and Motor Vehicle Safety Act of
4 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.
5 2. For use by any government agency, including any
6 court or law enforcement agency, in carrying out its
7 functions, or any private person or entity acting on behalf of
8 a federal, state, or local agency in carrying out its
9 functions.
10 3. For use in connection with matters of motor vehicle
11 or driver safety and theft; motor vehicle emissions; motor
12 vehicle product alterations, recalls, or advisories;
13 performance monitoring of motor vehicles, motor vehicle parts,
14 and dealers; motor vehicle market research activities,
15 including survey research; and removal of nonowner records
16 from the original owner records of motor vehicle
17 manufacturers.
18 4. For use in the normal course of business by a
19 legitimate business or its agents, employees, or contractors,
20 but only:
21 a. To verify the accuracy of personal information
22 submitted by the individual to the business or its agents,
23 employees, or contractors; and
24 b. If such information as so submitted is not correct
25 or is no longer correct, to obtain the correct information,
26 but only for the purposes of preventing fraud by, pursuing
27 legal remedies against, or recovering on a debt or security
28 interest against, the individual.
29 5. For use in connection with any civil, criminal,
30 administrative, or arbitral proceeding in any court or agency
31 or before any self-regulatory body for:
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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 person to whom the personal information
7 pertains has given express consent for such use on a form
8 prescribed by the department. This consent remains in effect
9 until it is revoked by the person on a form prescribed by the
10 department. department has implemented methods and procedures
11 to ensure that:
12 a. Individuals are provided an opportunity, in a clear
13 and conspicuous manner, to prohibit such uses; and
14 b. The information will be used, rented, or sold
15 solely for bulk distribution for survey, marketing, and
16 solicitations, and that surveys, marketing, and solicitations
17 will not be directed at those individuals who have timely
18 requested that they not be directed at them.
19 13. For any use if the requesting person demonstrates
20 that he or she has obtained the written consent of the person
21 who is the subject of the motor vehicle record.
22 14. For any other use specifically authorized by state
23 law, if such use is related to the operation of a motor
24 vehicle or public safety.
25 15. For any other use if the person to whom the
26 information pertains has given express consent on a form
27 prescribed by the department. The consent remains in effect
28 until it is revoked by the person on a form prescribed by the
29 department.
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Florida Senate - 2003 CS for CS for SB 2416
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1 The restrictions on disclosure of personal information
2 provided by this paragraph do not in any way affect the use of
3 organ-donation information on individual driver's licenses nor
4 do they affect the administration of organ-donation
5 initiatives in this state. Personal information exempted from
6 public disclosure according to this paragraph may be disclosed
7 by the Department of Highway Safety and Motor Vehicles to an
8 individual, firm, corporation, or similar business entity
9 whose primary business interest is to resell or redisclose the
10 personal information to persons who are authorized to receive
11 such information. Prior to the department's disclosure of
12 personal information, such individual, firm, corporation, or
13 similar business entity must first enter into a contract with
14 the department regarding the care, custody, and control of the
15 personal information to ensure compliance with the federal
16 Driver's Privacy Protection Act of 1994 and applicable state
17 laws. An authorized recipient of personal information
18 contained in a motor vehicle record, except a recipient under
19 subparagraph 12., may contract with the Department of Highway
20 Safety and Motor Vehicles to resell or redisclose the
21 information for any use permitted under this paragraph.
22 However, only authorized recipients of personal information
23 under subparagraph 12. may resell or redisclose personal
24 information pursuant to subparagraph 12. Any authorized
25 recipient who resells or rediscloses personal information
26 shall maintain, for a period of 5 years, records identifying
27 each person or entity that receives the personal information
28 and the permitted purpose for which it will be used. Such
29 records shall be made available for inspection upon request by
30 the department. The department shall adopt rules to carry out
31 the purposes of this paragraph and the federal Driver's
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1 Privacy Protection Act of 1994, Title XXX, Pub. L. No.
2 103-322, as amended by s. 350 of Pub. L. No. 106-59. Rules
3 adopted by the department shall provide for the payment of
4 applicable fees and, prior to the disclosure of personal
5 information pursuant to this paragraph, shall require the
6 meeting of conditions by the requesting person for the
7 purposes of obtaining reasonable assurance concerning the
8 identity of such requesting person, and, to the extent
9 required, assurance that the use will be only as authorized or
10 that the consent of the person who is the subject of the
11 personal information has been obtained. Such conditions may
12 include, but need not be limited to, the making and filing of
13 a written application in such form and containing such
14 information and certification requirements as the department
15 requires. This paragraph is subject to the Open Government
16 Sunset Review Act of 1995, in accordance with s. 119.15, and
17 shall stand repealed on October 2, 2007, unless reviewed and
18 saved from repeal through reenactment by the Legislature.
19 Section 2. The Legislature finds that it is a public
20 necessity that personal information in an individual's motor
21 vehicle record held by the Department of Highway Safety and
22 Motor Vehicles be exempt from public disclosure. Limiting
23 access to the state's motor vehicle records will afford the
24 public an added measure of protection by preventing
25 individuals from obtaining for malicious purposes personal
26 information contained in the records. Further, such an
27 exemption conforms state law to the requirements of the
28 federal Driver's Privacy Protection Act of 1994, as amended by
29 s. 350 of Pub. L. No. 106-69, which prohibits disclosure of
30 such information of a sensitive, personal nature, with
31 specified exceptions.
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1 Section 3. This act shall take effect July 1, 2003.
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3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 Senate Bill CS 2416
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6 Conforms state provision to federal requirements concerning
the disclosure of information in driver license records.
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Provides that driver license holder now must "opt out" of
8 requirement that information in driver license records be
withheld from public disclosure.
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Provides that driver license holder must specifically consent
10 to disclosure of information for survey, marketing, or
solicitation purposes.
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