HB 1737

1	A bill to be entitled
2	An act relating to public records; amending s. 119.07,
3	F.S.; revising conditions for exemption from public
4	records of certain information held by the Department of
5	Highway Safety and Motor Vehicles; revising provisions for
6	release of such information; providing for future repeal
7	and legislative review; providing legislative finding of
8	public necessity; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Paragraph (aa) of subsection (3) of section
13	119.07, Florida Statutes, is amended to read:
14	119.07  Inspection, examination, and duplication of
15	records; exemptions.--
16	(3)
17	(aa)  Upon a request made in a form designated by the
18	Department of Highway Safety and Motor Vehicles, Personal
19	information contained in a motor vehicle record that identifies
20	the subject of that record, held by the Department of Highway
21	Safety and Motor Vehicles, requester is exempt from subsection
22	(1) and s. 24(a), Art. I of the State Constitution except as
23	provided in this paragraph. Personal information includes, but
24	is not limited to, the subject's requester's social security
25	number, driver identification number, name, address, telephone
26	number, and medical or disability information. For purposes of
27	this paragraph, personal information does not include
28	information relating to vehicular crashes, driving violations,
29	and driver's status. Such request may be made only by the person
30	who is the subject of the motor vehicle record. For purposes of
31	this paragraph, "motor vehicle record" means any record that
32	pertains to a motor vehicle operator's permit, motor vehicle
33	title, motor vehicle registration, or identification card issued
34	by the Department of Highway Safety and Motor Vehicles. Personal
35	information contained in motor vehicle records exempted by an
36	individual's request pursuant to this paragraph shall be
37	released by the department for any of the following uses:
38	1.  For use in connection with matters of motor vehicle or
39	driver safety and theft; motor vehicle emissions; motor vehicle
40	product alterations, recalls, or advisories; performance
41	monitoring of motor vehicles and dealers by motor vehicle
42	manufacturers; and removal of nonowner records from the original
43	owner records of motor vehicle manufacturers, to carry out the
44	purposes of the Automobile Information Disclosure Act, the Motor
45	Vehicle Information and Cost Saving Act, the National Traffic
46	and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
47	1992, and the Clean Air Act.
48	2.  For use by any government agency, including any court
49	or law enforcement agency, in carrying out its functions, or any
50	private person or entity acting on behalf of a federal, state,
51	or local agency in carrying out its functions.
52	3.  For use in connection with matters of motor vehicle or
53	driver safety and theft; motor vehicle emissions; motor vehicle
54	product alterations, recalls, or advisories; performance
55	monitoring of motor vehicles, motor vehicle parts, and dealers;
56	motor vehicle market research activities, including survey
57	research; and removal of nonowner records from the original
58	owner records of motor vehicle manufacturers.
59	4.  For use in the normal course of business by a
60	legitimate business or its agents, employees, or contractors,
61	but only:
62	a.  To verify the accuracy of personal information
63	submitted by the individual to the business or its agents,
64	employees, or contractors; and
65	b.  If such information as so submitted is not correct or
66	is no longer correct, to obtain the correct information, but
67	only for the purposes of preventing fraud by, pursuing legal
68	remedies against, or recovering on a debt or security interest
69	against, the individual.
70	5.  For use in connection with any civil, criminal,
71	administrative, or arbitral proceeding in any court or agency or
72	before any self-regulatory body for:
73	a.  Service of process by any certified process server,
74	special process server, or other person authorized to serve
75	process in this state.
76	b.  Investigation in anticipation of litigation by an
77	attorney licensed to practice law in this state or the agent of
78	the attorney; however, the information may not be used for mass
79	commercial solicitation of clients for litigation against motor
80	vehicle dealers.
81	c.  Investigation by any person in connection with any
82	filed proceeding; however, the information may not be used for
83	mass commercial solicitation of clients for litigation against
84	motor vehicle dealers.
85	d.  Execution or enforcement of judgments and orders.
86	e.  Compliance with an order of any court.
87	6.  For use in research activities and for use in producing
88	statistical reports, so long as the personal information is not
89	published, redisclosed, or used to contact individuals.
90	7.  For use by any insurer or insurance support
91	organization, or by a self-insured entity, or its agents,
92	employees, or contractors, in connection with claims
93	investigation activities, anti-fraud activities, rating, or
94	underwriting.
95	8.  For use in providing notice to the owners of towed or
96	impounded vehicles.
97	9.  For use by any licensed private investigative agency or
98	licensed security service for any purpose permitted under this
99	paragraph. Personal information obtained based on an exempt
100	driver's record may not be provided to a client who cannot
101	demonstrate a need based on a police report, court order, or a
102	business or personal relationship with the subject of the
103	investigation.
104	10.  For use by an employer or its agent or insurer to
105	obtain or verify information relating to a holder of a
106	commercial driver's license that is required under 49 U.S.C. ss.
107	31301 et seq the Commercial Motor Vehicle Safety Act of 1986, 49
108	U.S.C. App. 2710 et seq.
109	11.  For use in connection with the operation of private
110	toll transportation facilities.
111	12.  For bulk distribution for surveys, marketing, or
112	solicitations when the department has obtained the express
113	consent of the person to whom such personal information
114	pertains. implemented methods and procedures to ensure that:
115	a.  Individuals are provided an opportunity, in a clear and
116	conspicuous manner, to prohibit such uses; and
117	b.  The information will be used, rented, or sold solely
118	for bulk distribution for survey, marketing, and solicitations,
119	and that surveys, marketing, and solicitations will not be
120	directed at those individuals who have timely requested that
121	they not be directed at them.
122	13.  For any use if the requesting person demonstrates that
123	he or she has obtained the written consent of the person who is
124	the subject of the motor vehicle record.
125	14.  For any other use specifically authorized by state
126	law, if such use is related to the operation of a motor vehicle
127	or public safety.
128	15.  For any other use if the person to whom the
129	information pertains has given express consent on a form
130	prescribed by the department. Such consent shall remain in
131	effect until it is revoked by the person on a form prescribed by
132	the department.
133
134	The restrictions on disclosure of personal information provided
135	by this paragraph shall not in any way affect the use of organ
136	donation information on individual driver licenses nor affect
137	the administration of organ donation initiatives in this state.
138	Personal information exempted from public disclosure according
139	to this paragraph may be disclosed by the Department of Highway
140	Safety and Motor Vehicles to an individual, firm, corporation,
141	or similar business entity whose primary business interest is to
142	resell or redisclose the personal information to persons who are
143	authorized to receive such information. Prior to the
144	department's disclosure of personal information, such
145	individual, firm, corporation, or similar business entity must
146	first enter into a contract with the department regarding the
147	care, custody, and control of the personal information to ensure
148	compliance with the federal Driver's Privacy Protection Act of
149	1994 and applicable state laws. An authorized recipient of
150	personal information contained in a motor vehicle record, except
151	a recipient under subparagraph 12., may contract with the
152	Department of Highway Safety and Motor Vehicles to resell or
153	redisclose the information for any use permitted under this
154	paragraph. However, only authorized recipients of personal
155	information under subparagraph 12. may resell or redisclose
156	personal information pursuant to subparagraph 12. Any authorized
157	recipient who resells or rediscloses personal information shall
158	maintain, for a period of 5 years, records identifying each
159	person or entity that receives the personal information and the
160	permitted purpose for which it will be used. Such records shall
161	be made available for inspection upon request by the department.
162	The department shall adopt rules to carry out the purposes of
163	this paragraph and the federal Driver's Privacy Protection Act
164	of 1994, 18 U.S.C. 2721 et seq Title XXX, Pub. L. No. 103-322.
165	Rules adopted by the department shall provide for the payment of
166	applicable fees and, prior to the disclosure of personal
167	information pursuant to this paragraph, shall require the
168	meeting of conditions by the requesting person for the purposes
169	of obtaining reasonable assurance concerning the identity of
170	such requesting person, and, to the extent required, assurance
171	that the use will be only as authorized or that the consent of
172	the person who is the subject of the personal information has
173	been obtained. Such conditions may include, but need not be
174	limited to, the making and filing of a written application in
175	such form and containing such information and certification
176	requirements as the department requires.
177	Section 2.  Paragraph (aa) of subsection (3) of s. 119.07,
178	Florida Statutes, is subject to the Open Government Sunset
179	Review Act of 1995 in accordance with s. 119.15, Florida
180	Statutes, and shall stand repealed on October 2, 2009, unless
181	reviewed and saved from repeal through reenactment by the
182	Legislature.
183	Section 3.  The Legislature finds that it is a public
184	necessity that personal information in a person's motor vehicle
185	record held by the Department of Highway Safety and Motor
186	Vehicles be exempt from public disclosure. Limiting access to
187	motor vehicle records affords the public an added measure of
188	protection by preventing individuals from obtaining for
189	malicious purposes personal information contained in the state's
190	motor vehicle records. Further, such an exemption will conform
191	state law to the requirements of the federal Driver's Privacy
192	Protection Act of 1994, as amended by section 350 of Public Law
193	106-69, which prohibits the disclosure of such information of a
194	sensitive, personal nature, with specified exceptions, and
195	provides a civil penalty of up to $5,000 a day for each day a
196	state department of motor vehicles is found to have a policy or
197	practice of substantial noncompliance.
198	Section 4.  This act shall take effect October 1, 2004.

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