Amendment

Bill No. 1737

Amendment No. 890167

CHAMBER ACTION
Senate		House
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1	Representative Russell offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (aa) of subsection (3) of section
6	119.07, Florida Statutes, is amended to read:
7	119.07  Inspection, examination, and duplication of
8	records; exemptions.--
9	(3)
10	(aa)  Upon a request made in a form designated by the
11	Department of Highway Safety and Motor Vehicles, Personal
12	information contained in a motor vehicle record that identifies
13	the subject of that record requester is exempt from subsection
14	(1) and s. 24(a), Art. I of the State Constitution except as
15	provided in this paragraph. Personal information includes, but
16	is not limited to, the subject's requester's social security
17	number, driver identification number, name, address, telephone
18	number, and medical or disability information. For purposes of
19	this paragraph, personal information does not include
20	information relating to vehicular crashes, driving violations,
21	and driver's status. Such request may be made only by the person
22	who is the subject of the motor vehicle record. For purposes of
23	this paragraph, "motor vehicle record" means any record that
24	pertains to a motor vehicle operator's permit, motor vehicle
25	title, motor vehicle registration, or identification card issued
26	by the Department of Highway Safety and Motor Vehicles. Personal
27	information contained in motor vehicle records exempted by an
28	individual's request pursuant to this paragraph shall be
29	released by the department for any of the following uses:
30	1.  For use in connection with matters of motor vehicle or
31	driver safety and theft; motor vehicle emissions; motor vehicle
32	product alterations, recalls, or advisories; performance
33	monitoring of motor vehicles and dealers by motor vehicle
34	manufacturers; and removal of nonowner records from the original
35	owner records of motor vehicle manufacturers, to carry out the
36	purposes of the Automobile Information Disclosure Act, the Motor
37	Vehicle Information and Cost Saving Act, the National Traffic
38	and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
39	1992, and the Clean Air Act.
40	2.  For use by any government agency, including any court
41	or law enforcement agency, in carrying out its functions, or any
42	private person or entity acting on behalf of a federal, state,
43	or local agency in carrying out its functions.
44	3.  For use in connection with matters of motor vehicle or
45	driver safety and theft; motor vehicle emissions; motor vehicle
46	product alterations, recalls, or advisories; performance
47	monitoring of motor vehicles, motor vehicle parts, and dealers;
48	motor vehicle market research activities, including survey
49	research; and removal of nonowner records from the original
50	owner records of motor vehicle manufacturers.
51	4.  For use in the normal course of business by a
52	legitimate business or its agents, employees, or contractors,
53	but only:
54	a.  To verify the accuracy of personal information
55	submitted by the individual to the business or its agents,
56	employees, or contractors; and
57	b.  If such information as so submitted is not correct or
58	is no longer correct, to obtain the correct information, but
59	only for the purposes of preventing fraud by, pursuing legal
60	remedies against, or recovering on a debt or security interest
61	against, the individual.
62	5.  For use in connection with any civil, criminal,
63	administrative, or arbitral proceeding in any court or agency or
64	before any self-regulatory body for:
65	a.  Service of process by any certified process server,
66	special process server, or other person authorized to serve
67	process in this state.
68	b.  Investigation in anticipation of litigation by an
69	attorney licensed to practice law in this state or the agent of
70	the attorney; however, the information may not be used for mass
71	commercial solicitation of clients for litigation against motor
72	vehicle dealers.
73	c.  Investigation by any person in connection with any
74	filed proceeding; however, the information may not be used for
75	mass commercial solicitation of clients for litigation against
76	motor vehicle dealers.
77	d.  Execution or enforcement of judgments and orders.
78	e.  Compliance with an order of any court.
79	6.  For use in research activities and for use in producing
80	statistical reports, so long as the personal information is not
81	published, redisclosed, or used to contact individuals.
82	7.  For use by any insurer or insurance support
83	organization, or by a self-insured entity, or its agents,
84	employees, or contractors, in connection with claims
85	investigation activities, anti-fraud activities, rating, or
86	underwriting.
87	8.  For use in providing notice to the owners of towed or
88	impounded vehicles.
89	9.  For use by any licensed private investigative agency or
90	licensed security service for any purpose permitted under this
91	paragraph. Personal information obtained based on an exempt
92	driver's record may not be provided to a client who cannot
93	demonstrate a need based on a police report, court order, or a
94	business or personal relationship with the subject of the
95	investigation.
96	10.  For use by an employer or its agent or insurer to
97	obtain or verify information relating to a holder of a
98	commercial driver's license that is required under 49 U.S.C. ss.
99	31301 et seq the Commercial Motor Vehicle Safety Act of 1986, 49
100	U.S.C. App. 2710 et seq.
101	11.  For use in connection with the operation of private
102	toll transportation facilities.
103	12.  For bulk distribution for surveys, marketing, or
104	solicitations when the department has obtained the express
105	consent of the person to whom such personal information
106	pertains. implemented methods and procedures to ensure that:
107	a.  Individuals are provided an opportunity, in a clear and
108	conspicuous manner, to prohibit such uses; and
109	b.  The information will be used, rented, or sold solely
110	for bulk distribution for survey, marketing, and solicitations,
111	and that surveys, marketing, and solicitations will not be
112	directed at those individuals who have timely requested that
113	they not be directed at them.
114	13.  For any use if the requesting person demonstrates that
115	he or she has obtained the written consent of the person who is
116	the subject of the motor vehicle record.
117	14.  For any other use specifically authorized by state
118	law, if such use is related to the operation of a motor vehicle
119	or public safety.
120	15.  For any other use if the person to whom the
121	information pertains has given express consent on a form
122	prescribed by the department. Such consent shall remain in
123	effect until it is revoked by the person on a form prescribed by
124	the department.
125
126	The restrictions on disclosure of personal information provided
127	by this paragraph shall not in any way affect the use of organ
128	donation information on individual driver licenses nor affect
129	the administration of organ donation initiatives in this state.
130	Personal information exempted from public disclosure according
131	to this paragraph may be disclosed by the Department of Highway
132	Safety and Motor Vehicles to an individual, firm, corporation,
133	or similar business entity whose primary business interest is to
134	resell or redisclose the personal information to persons who are
135	authorized to receive such information. Prior to the
136	department's disclosure of personal information, such
137	individual, firm, corporation, or similar business entity must
138	first enter into a contract with the department regarding the
139	care, custody, and control of the personal information to ensure
140	compliance with the federal Driver's Privacy Protection Act of
141	1994 and applicable state laws. An authorized recipient of
142	personal information contained in a motor vehicle record, except
143	a recipient under subparagraph 12., may contract with the
144	Department of Highway Safety and Motor Vehicles to resell or
145	redisclose the information for any use permitted under this
146	paragraph. However, only authorized recipients of personal
147	information under subparagraph 12. may resell or redisclose
148	personal information pursuant to subparagraph 12. Any authorized
149	recipient who resells or rediscloses personal information shall
150	maintain, for a period of 5 years, records identifying each
151	person or entity that receives the personal information and the
152	permitted purpose for which it will be used. Such records shall
153	be made available for inspection upon request by the department.
154	The department shall adopt rules to carry out the purposes of
155	this paragraph and the federal Driver's Privacy Protection Act
156	of 1994, 18 U.S.C. 2721 et seq Title XXX, Pub. L. No. 103-322.
157	Rules adopted by the department shall provide for the payment of
158	applicable fees and, prior to the disclosure of personal
159	information pursuant to this paragraph, shall require the
160	meeting of conditions by the requesting person for the purposes
161	of obtaining reasonable assurance concerning the identity of
162	such requesting person, and, to the extent required, assurance
163	that the use will be only as authorized or that the consent of
164	the person who is the subject of the personal information has
165	been obtained. Such conditions may include, but need not be
166	limited to, the making and filing of a written application in
167	such form and containing such information and certification
168	requirements as the department requires.
169	Section 2.  Paragraph (aa) of subsection (3) of s. 119.07,
170	Florida Statutes, is subject to the Open Government Sunset
171	Review Act of 1995 in accordance with s. 119.15, Florida
172	Statutes, and shall stand repealed on October 2, 2009, unless
173	reviewed and saved from repeal through reenactment by the
174	Legislature.
175	Section 3.  The Legislature finds that it is a public
176	necessity that personal information in an individual's motor
177	vehicle record held by the Department of Highway Safety and
178	Motor Vehicles be exempt from public disclosure. Making such
179	personal information exempt conforms state law to the
180	requirements of the Federal Driver's Privacy Protection Act of
181	1994, as amended by s. 350 of Pub. L. No. 106-69, which
182	prohibits disclosure of such information of a sensitive,
183	personal nature, with specified exceptions. Additionally, the
184	Legislature notes that the state has a compelling interest in
185	regulating motor vehicles and motor vehicle drivers. The sale of
186	automobiles not only provides jobs for Floridians, but taxes
187	collected from their sale and use provide revenues to the state.
188	It should also be noted that automobiles also are attractive
189	targets for thieves. Theft of automobiles not only deprives the
190	lawful owners of their property but such theft interferes with
191	the chain of title and causes insurance rates to rise. As a
192	result, the state must collect information about automobile
193	sales, the sellers and buyers, insurance companies, and other
194	businesses. Further, the Legislature notes that automobiles, if
195	used improperly, can cause injury and death to persons in this
196	state. Therefore, the state, must ensure that persons who drive
197	in this state are properly trained, licensed, and insured. As a
198	result, the state must collect personal information regarding
199	persons who drive in this state. The personal information that
200	is contained in motor vehicle records, if readily available for
201	public inspection and copying, could be used to invade the
202	personal privacy of the persons named in the records or it could
203	be used for other purposes, such as solicitation, harassment,
204	stalking, and intimidation. Limiting access to the state's motor
205	vehicle records will protect the privacy of persons who are
206	listed in those records and minimize the opportunity for
207	invading that privacy. Thus, the Legislature finds that such
208	personal information in motor vehicle records should be exempt
209	from the requirements of Article I, s. 24 of the State
210	Constitution. Nevertheless, the Legislature also notes that
211	there are a number of reasons that certain agencies, businesses,
212	and other persons should be granted limited access to exempt
213	personal information contained in motor vehicle records. The
214	Legislature finds that access to this personal information by
215	these governmental and private entities should be continued in a
216	limited, regulated fashion in order to balance the privacy
217	rights of persons named in motor vehicle records with the need
218	for these entities to perform certain important regulatory and
219	economic functions that are important to the health, safety, and
220	welfare of the citizens of the state. Persons named in motor
221	vehicle records may need to be notified of product recalls,
222	advisories, or product monitoring and manufacturers and others
223	need current addresses to contact them. Government agencies,
224	including courts and law enforcement agencies and persons acting
225	on their behalf, may need access to carry out their
226	legislatively assigned functions. Additionally, researchers,
227	investigators, insurance companies, and other businesses and
228	industries often must rely on personal information in motor
229	vehicle records to operate and perform certain business
230	functions. Such information should be available in the normal
231	course of business by legitimate businesses, their agents,
232	employees, or contractors to verify the accuracy of personal
233	information and to obtain correct information; to prevent fraud;
234	to pursue legal remedies against; or to recover on a debt or
235	security interest. Further, such exempt information should be
236	available for use in connection with any civil, criminal,
237	administrative, or arbitral proceeding for service of process;
238	execution of enforcement of judgments and orders; compliance
239	with an order of any court; by insurers or support organizations
240	in connection with claims for investigation activities, anti-
241	fraud activities, and rating or underwriting; and for providing
242	notice to owners of towed or impounded vehicles. Access to such
243	exempt information should also be provided for investigation in
244	anticipation of litigation or for a filed proceeding, but the
245	Legislature finds that authorizing access to motor vehicle
246	records for these limited purposes should not be construed to
247	permit mass commercial solicitation of clients for litigation
248	against motor vehicle dealers because it would be contrary to
249	the limited access contemplated by the exceptions to the
250	exemption and would further invade the privacy of persons named
251	in these records. Further, researchers, investigators, or
252	insurance companies may need to access the large database of
253	motor vehicle records for use in producing statistical reports,
254	but the Legislature finds that this access should not infringe
255	upon the privacy of the persons named in the records by
256	publishing, redisclosing, or using that information or to
257	contact the named persons. Thus, the Legislature specifically
258	finds that it is a public necessity that personal information in
259	motor vehicle records must be exempt, with the limited
260	exceptions to that exemption authorized herein.
261	Section 4.  This act shall take effect October 1, 2004.
262
263
264	================= T I T L E  A M E N D M E N T =================
265	Remove the entire title and insert:
266	A bill to be entitled
267	An act relating to public records; amending s. 119.07,
268	F.S.; revising the exemption from public records
269	requirements for personal information contained in a motor
270	vehicle record; removing the requirement that the
271	exemption be conditioned on a request for exemption by the
272	person who is the subject of the record; revising certain
273	conditions under which the Department of Highway Safety
274	and Motor Vehicles may release information in connection
275	with a legal proceeding; revising conditions for the
276	release of information for bulk distribution use;
277	providing for release of information when the department
278	has obtained consent from the subject of the record;
279	providing that the restrictions on the disclosure of
280	information do not affect the use of organ donor
281	information; providing for future repeal and legislative
282	review; providing legislative finding of public necessity;
283	providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.