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




    308-2471-03

  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.

23  

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

25  

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)

31  

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    Florida Senate - 2003                    CS for CS for SB 2416
    308-2471-03




 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
    308-2471-03




 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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    Florida Senate - 2003                    CS for CS for SB 2416
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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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    Florida Senate - 2003                    CS for CS for SB 2416
    308-2471-03




 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.

30  

31  

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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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    Florida Senate - 2003                    CS for CS for SB 2416
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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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    Florida Senate - 2003                    CS for CS for SB 2416
    308-2471-03




 1         Section 3.  This act shall take effect July 1, 2003.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                       Senate Bill CS 2416

 5                                 

 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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