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