HB 1737

1
A bill to be entitled
2An act relating to public records; amending s. 119.07,
3F.S.; revising the exemption from public records
4requirements for personal information contained in a motor
5vehicle record; removing the requirement that the
6exemption be conditioned on a request for exemption by the
7person who is the subject of the record; revising certain
8conditions under which the Department of Highway Safety
9and Motor Vehicles may release information in connection
10with a legal proceeding; revising conditions for the
11release of information for bulk distribution use;
12providing for release of information when the department
13has obtained consent from the subject of the record;
14providing that the restrictions on the disclosure of
15information do not affect the use of organ donor
16information; providing for future repeal and legislative
17review; providing legislative finding of public necessity;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Paragraph (aa) of subsection (3) of section
23119.07, Florida Statutes, is amended to read:
24     119.07  Inspection, examination, and duplication of
25records; exemptions.--
26     (3)
27     (aa)  Upon a request made in a form designated by the
28Department of Highway Safety and Motor Vehicles, Personal
29information contained in a motor vehicle record that identifies
30the subject of that record requester is exempt from subsection
31(1) and s. 24(a), Art. I of the State Constitution except as
32provided in this paragraph. Personal information includes, but
33is not limited to, the subject's requester's social security
34number, driver identification number, name, address, telephone
35number, and medical or disability information. For purposes of
36this paragraph, personal information does not include
37information relating to vehicular crashes, driving violations,
38and driver's status. Such request may be made only by the person
39who is the subject of the motor vehicle record. For purposes of
40this paragraph, "motor vehicle record" means any record that
41pertains to a motor vehicle operator's permit, motor vehicle
42title, motor vehicle registration, or identification card issued
43by the Department of Highway Safety and Motor Vehicles. Personal
44information contained in motor vehicle records exempted by an
45individual's request pursuant to this paragraph shall be
46released by the department for any of the following uses:
47     1.  For use in connection with matters of motor vehicle or
48driver safety and theft; motor vehicle emissions; motor vehicle
49product alterations, recalls, or advisories; performance
50monitoring of motor vehicles and dealers by motor vehicle
51manufacturers; and removal of nonowner records from the original
52owner records of motor vehicle manufacturers, to carry out the
53purposes of the Automobile Information Disclosure Act, the Motor
54Vehicle Information and Cost Saving Act, the National Traffic
55and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
561992, and the Clean Air Act.
57     2.  For use by any government agency, including any court
58or law enforcement agency, in carrying out its functions, or any
59private person or entity acting on behalf of a federal, state,
60or local agency in carrying out its functions.
61     3.  For use in connection with matters of motor vehicle or
62driver safety and theft; motor vehicle emissions; motor vehicle
63product alterations, recalls, or advisories; performance
64monitoring of motor vehicles, motor vehicle parts, and dealers;
65motor vehicle market research activities, including survey
66research; and removal of nonowner records from the original
67owner records of motor vehicle manufacturers.
68     4.  For use in the normal course of business by a
69legitimate business or its agents, employees, or contractors,
70but only:
71     a.  To verify the accuracy of personal information
72submitted by the individual to the business or its agents,
73employees, or contractors; and
74     b.  If such information as so submitted is not correct or
75is no longer correct, to obtain the correct information, but
76only for the purposes of preventing fraud by, pursuing legal
77remedies against, or recovering on a debt or security interest
78against, the individual.
79     5.  For use in connection with any civil, criminal,
80administrative, or arbitral proceeding in any court or agency or
81before any self-regulatory body for:
82     a.  Service of process by any certified process server,
83special process server, or other person authorized to serve
84process in this state.
85     b.  Investigation in anticipation of litigation by an
86attorney licensed to practice law in this state or the agent of
87the attorney; however, the information may not be used for mass
88commercial solicitation of clients for litigation against motor
89vehicle dealers.
90     c.  Investigation by any person in connection with any
91filed proceeding; however, the information may not be used for
92mass commercial solicitation of clients for litigation against
93motor vehicle dealers.
94     d.  Execution or enforcement of judgments and orders.
95     e.  Compliance with an order of any court.
96     6.  For use in research activities and for use in producing
97statistical reports, so long as the personal information is not
98published, redisclosed, or used to contact individuals.
99     7.  For use by any insurer or insurance support
100organization, or by a self-insured entity, or its agents,
101employees, or contractors, in connection with claims
102investigation activities, anti-fraud activities, rating, or
103underwriting.
104     8.  For use in providing notice to the owners of towed or
105impounded vehicles.
106     9.  For use by any licensed private investigative agency or
107licensed security service for any purpose permitted under this
108paragraph. Personal information obtained based on an exempt
109driver's record may not be provided to a client who cannot
110demonstrate a need based on a police report, court order, or a
111business or personal relationship with the subject of the
112investigation.
113     10.  For use by an employer or its agent or insurer to
114obtain or verify information relating to a holder of a
115commercial driver's license that is required under 49 U.S.C. ss.
11631301 et seq the Commercial Motor Vehicle Safety Act of 1986, 49
117U.S.C. App. 2710 et seq.
118     11.  For use in connection with the operation of private
119toll transportation facilities.
120     12.  For bulk distribution for surveys, marketing, or
121solicitations when the department has obtained the express
122consent of the person to whom such personal information
123pertains. implemented methods and procedures to ensure that:
124     a.  Individuals are provided an opportunity, in a clear and
125conspicuous manner, to prohibit such uses; and
126     b.  The information will be used, rented, or sold solely
127for bulk distribution for survey, marketing, and solicitations,
128and that surveys, marketing, and solicitations will not be
129directed at those individuals who have timely requested that
130they not be directed at them.
131     13.  For any use if the requesting person demonstrates that
132he or she has obtained the written consent of the person who is
133the subject of the motor vehicle record.
134     14.  For any other use specifically authorized by state
135law, if such use is related to the operation of a motor vehicle
136or public safety.
137     15.  For any other use if the person to whom the
138information pertains has given express consent on a form
139prescribed by the department. Such consent shall remain in
140effect until it is revoked by the person on a form prescribed by
141the department.
142
143The restrictions on disclosure of personal information provided
144by this paragraph shall not in any way affect the use of organ
145donation information on individual driver licenses nor affect
146the administration of organ donation initiatives in this state.
147Personal information exempted from public disclosure according
148to this paragraph may be disclosed by the Department of Highway
149Safety and Motor Vehicles to an individual, firm, corporation,
150or similar business entity whose primary business interest is to
151resell or redisclose the personal information to persons who are
152authorized to receive such information. Prior to the
153department's disclosure of personal information, such
154individual, firm, corporation, or similar business entity must
155first enter into a contract with the department regarding the
156care, custody, and control of the personal information to ensure
157compliance with the federal Driver's Privacy Protection Act of
1581994 and applicable state laws. An authorized recipient of
159personal information contained in a motor vehicle record, except
160a recipient under subparagraph 12., may contract with the
161Department of Highway Safety and Motor Vehicles to resell or
162redisclose the information for any use permitted under this
163paragraph. However, only authorized recipients of personal
164information under subparagraph 12. may resell or redisclose
165personal information pursuant to subparagraph 12. Any authorized
166recipient who resells or rediscloses personal information shall
167maintain, for a period of 5 years, records identifying each
168person or entity that receives the personal information and the
169permitted purpose for which it will be used. Such records shall
170be made available for inspection upon request by the department.
171The department shall adopt rules to carry out the purposes of
172this paragraph and the federal Driver's Privacy Protection Act
173of 1994, 18 U.S.C. 2721 et seq Title XXX, Pub. L. No. 103-322.
174Rules adopted by the department shall provide for the payment of
175applicable fees and, prior to the disclosure of personal
176information pursuant to this paragraph, shall require the
177meeting of conditions by the requesting person for the purposes
178of obtaining reasonable assurance concerning the identity of
179such requesting person, and, to the extent required, assurance
180that the use will be only as authorized or that the consent of
181the person who is the subject of the personal information has
182been obtained. Such conditions may include, but need not be
183limited to, the making and filing of a written application in
184such form and containing such information and certification
185requirements as the department requires.
186     Section 2.  Paragraph (aa) of subsection (3) of s. 119.07,
187Florida Statutes, is subject to the Open Government Sunset
188Review Act of 1995 in accordance with s. 119.15, Florida
189Statutes, and shall stand repealed on October 2, 2009, unless
190reviewed and saved from repeal through reenactment by the
191Legislature.
192     Section 3.  The Legislature finds that it is a public
193necessity that personal information in an individual's motor
194vehicle record held by the Department of Highway Safety and
195Motor Vehicles be exempt from public disclosure. Making such
196personal information exempt conforms state law to the
197requirements of the Federal Driver's Privacy Protection Act of
1981994, as amended by s. 350 of Pub. L. No. 106-69, which
199prohibits disclosure of such information of a sensitive,
200personal nature, with specified exceptions. Additionally, the
201Legislature notes that the state has a compelling interest in
202regulating motor vehicles and motor vehicle drivers. The sale of
203automobiles not only provides jobs for Floridians, but taxes
204collected from their sale and use provide revenues to the state.
205It should also be noted that automobiles also are attractive
206targets for thieves. Theft of automobiles not only deprives the
207lawful owners of their property but such theft interferes with
208the chain of title and causes insurance rates to rise. As a
209result, the state must collect information about automobile
210sales, the sellers and buyers, insurance companies, and other
211businesses. Further, the Legislature notes that automobiles, if
212used improperly, can cause injury and death to persons in this
213state. Therefore, the state, must ensure that persons who drive
214in this state are properly trained, licensed, and insured. As a
215result, the state must collect personal information regarding
216persons who drive in this state. The personal information that
217is contained in motor vehicle records, if readily available for
218public inspection and copying, could be used to invade the
219personal privacy of the persons named in the records or it could
220be used for other purposes, such as solicitation, harassment,
221stalking, and intimidation. Limiting access to the state's motor
222vehicle records will protect the privacy of persons who are
223listed in those records and minimize the opportunity for
224invading that privacy. Thus, the Legislature finds that such
225personal information in motor vehicle records should be exempt
226from the requirements of Article I, s. 24 of the State
227Constitution. Nevertheless, the Legislature also notes that
228there are a number of reasons that certain agencies, businesses,
229and other persons should be granted limited access to exempt
230personal information contained in motor vehicle records. The
231Legislature finds that access to this personal information by
232these governmental and private entities should be continued in a
233limited, regulated fashion in order to balance the privacy
234rights of persons named in motor vehicle records with the need
235for these entities to perform certain important regulatory and
236economic functions that are important to the health, safety, and
237welfare of the citizens of the state. Persons named in motor
238vehicle records may need to be notified of product recalls,
239advisories, or product monitoring and manufacturers and others
240need current addresses to contact them. Government agencies,
241including courts and law enforcement agencies and persons acting
242on their behalf, may need access to carry out their
243legislatively assigned functions. Additionally, researchers,
244investigators, insurance companies, and other businesses and
245industries often must rely on personal information in motor
246vehicle records to operate and perform certain business
247functions. Such information should be available in the normal
248course of business by legitimate businesses, their agents,
249employees, or contractors to verify the accuracy of personal
250information and to obtain correct information; to prevent fraud;
251to pursue legal remedies against; or to recover on a debt or
252security interest. Further, such exempt information should be
253available for use in connection with any civil, criminal,
254administrative, or arbitral proceeding for service of process;
255execution of enforcement of judgments and orders; compliance
256with an order of any court; by insurers or support organizations
257in connection with claims for investigation activities, anti-
258fraud activities, and rating or underwriting; and for providing
259notice to owners of towed or impounded vehicles. Access to such
260exempt information should also be provided for investigation in
261anticipation of litigation or for a filed proceeding, but the
262Legislature finds that authorizing access to motor vehicle
263records for these limited purposes should not be construed to
264permit mass commercial solicitation of clients for litigation
265against motor vehicle dealers because it would be contrary to
266the limited access contemplated by the exceptions to the
267exemption and would further invade the privacy of persons named
268in these records. Further, researchers, investigators, or
269insurance companies may need to access the large database of
270motor vehicle records for use in producing statistical reports,
271but the Legislature finds that this access should not infringe
272upon the privacy of the persons named in the records by
273publishing, redisclosing, or using that information or to
274contact the named persons. Thus, the Legislature specifically
275finds that it is a public necessity that personal information in
276motor vehicle records must be exempt, with the limited
277exceptions to that exemption authorized herein.
278     Section 4.  This act shall take effect October 1, 2004.


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