SENATE AMENDMENT
Bill No. CS for SB 2008
Amendment No. ___ Barcode 491100
CHAMBER ACTION
Senate House
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04/27/2004 06:45 PM .
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11 Senator Sebesta moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, line 22, through page 8, line 7, delete
15 those lines
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17 and insert: released by the department for any of the
18 following uses:
19 1. For use in connection with matters of motor vehicle
20 or driver safety and theft; motor vehicle emissions; motor
21 vehicle product alterations, recalls, or advisories;
22 performance monitoring of motor vehicles and dealers by motor
23 vehicle manufacturers; and removal of nonowner records from
24 the original owner records of motor vehicle manufacturers, to
25 carry out the purposes of the Automobile Information
26 Disclosure Act, the Motor Vehicle Information and Cost Saving
27 Act, the National Traffic and Motor Vehicle Safety Act of
28 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.
29 2. For use by any government agency, including any
30 court or law enforcement agency, in carrying out its
31 functions, or any private person or entity acting on behalf of
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SENATE AMENDMENT
Bill No. CS for SB 2008
Amendment No. ___ Barcode 491100
1 a federal, state, or local agency in carrying out its
2 functions.
3 3. For use in connection with matters of motor vehicle
4 or driver safety and theft; motor vehicle emissions; motor
5 vehicle product alterations, recalls, or advisories;
6 performance monitoring of motor vehicles, motor vehicle parts,
7 and dealers; motor vehicle market research activities,
8 including survey research; and removal of nonowner records
9 from the original owner records of motor vehicle
10 manufacturers.
11 4. For use in the normal course of business by a
12 legitimate business or its agents, employees, or contractors,
13 but only:
14 a. To verify the accuracy of personal information
15 submitted by the individual to the business or its agents,
16 employees, or contractors; and
17 b. If such information as so submitted is not correct
18 or is no longer correct, to obtain the correct information,
19 but only for the purposes of preventing fraud by, pursuing
20 legal remedies against, or recovering on a debt or security
21 interest against, the individual.
22 5. For use in connection with any civil, criminal,
23 administrative, or arbitral proceeding in any court or agency
24 or before any self-regulatory body for:
25 a. Service of process by any certified process server,
26 special process server, or other person authorized to serve
27 process in this state.
28 b. Investigation in anticipation of litigation by an
29 attorney licensed to practice law in this state or the agent
30 of the attorney; however, the information may not be used for
31 mass commercial solicitation of clients for litigation against
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SENATE AMENDMENT
Bill No. CS for SB 2008
Amendment No. ___ Barcode 491100
1 motor vehicle dealers.
2 c. Investigation by any person in connection with any
3 filed proceeding; however, the information may not be used for
4 mass commercial solicitation of clients for litigation against
5 motor vehicle dealers.
6 d. Execution or enforcement of judgments and orders.
7 e. Compliance with an order of any court.
8 6. For use in research activities and for use in
9 producing statistical reports, so long as the personal
10 information is not published, redisclosed, or used to contact
11 individuals.
12 7. For use by any insurer or insurance support
13 organization, or by a self-insured entity, or its agents,
14 employees, or contractors, in connection with claims
15 investigation activities, anti-fraud activities, rating, or
16 underwriting.
17 8. For use in providing notice to the owners of towed
18 or impounded vehicles.
19 9. For use by any licensed private investigative
20 agency or licensed security service for any purpose permitted
21 under this paragraph. Personal information obtained based on
22 an exempt driver's record may not be provided to a client who
23 cannot demonstrate a need based on a police report, court
24 order, or a business or personal relationship with the subject
25 of the investigation.
26 10. For use by an employer or its agent or insurer to
27 obtain or verify information relating to a holder of a
28 commercial driver's license that is required under 49 U.S.C.
29 ss. 31301 et seq the Commercial Motor Vehicle Safety Act of
30 1986, 49 U.S.C. App. 2710 et seq.
31 11. For use in connection with the operation of
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SENATE AMENDMENT
Bill No. CS for SB 2008
Amendment No. ___ Barcode 491100
1 private toll transportation facilities.
2 12. For bulk distribution for surveys, marketing, or
3 solicitations when the department has obtained the express
4 consent of the person to whom such personal information
5 pertains. implemented methods and procedures to ensure that:
6 a. Individuals are provided an opportunity, in a clear
7 and conspicuous manner, to prohibit such uses; and
8 b. The information will be used, rented, or sold
9 solely for bulk distribution for survey, marketing, and
10 solicitations, and that surveys, marketing, and solicitations
11 will not be directed at those individuals who have timely
12 requested that they not be directed at them.
13 13. For any use if the requesting person demonstrates
14 that he or she has obtained the written consent of the person
15 who is the subject of the motor vehicle record.
16 14. For any other use specifically authorized by state
17 law, if such use is related to the operation of a motor
18 vehicle or public safety.
19 15. For any other use if the person to whom the
20 information pertains has given express consent on a form
21 prescribed by the department. Such consent shall remain in
22 effect until it is revoked by the person on a form prescribed
23 by the department.
24 The restrictions on disclosure of personal information
25 provided by this paragraph shall not in any way affect the use
26 of organ donation information on individual driver licenses
27 nor affect the administration of organ donation initiatives in
28 this state. Personal information exempted from public
29 disclosure according to this paragraph may be disclosed by the
30 Department of Highway Safety and Motor Vehicles to an
31 individual, firm, corporation, or similar business entity
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SENATE AMENDMENT
Bill No. CS for SB 2008
Amendment No. ___ Barcode 491100
1 whose primary business interest is to resell or redisclose the
2 personal information to persons who are authorized to receive
3 such information. Prior to the department's disclosure of
4 personal information, such individual, firm, corporation, or
5 similar business entity must first enter into a contract with
6 the department regarding the care, custody, and control of the
7 personal information to ensure compliance with the federal
8 Driver's Privacy Protection Act of 1994 and applicable state
9 laws. An authorized recipient of personal information
10 contained in a motor vehicle record, except a recipient under
11 subparagraph 12., may contract with the Department of Highway
12 Safety and Motor Vehicles to resell or redisclose the
13 information for any use permitted under this paragraph.
14 However, only authorized recipients of personal information
15 under subparagraph 12. may resell or redisclose personal
16 information pursuant to subparagraph 12. Any authorized
17 recipient who resells or rediscloses personal information
18 shall maintain, for a period of 5 years, records identifying
19 each person or entity that receives the personal information
20 and the permitted purpose for which it will be used. Such
21 records shall be made available for inspection upon request by
22 the department. The department shall adopt rules to carry out
23 the purposes of this paragraph and the federal Driver's
24 Privacy Protection Act of 1994, 18 U.S.C. 2721 et seq Title
25 XXX, Pub. L. No. 103-322. Rules adopted by the department
26 shall provide for the payment of applicable fees and, prior to
27 the disclosure of personal information pursuant to this
28 paragraph, shall require the meeting of conditions by the
29 requesting person for the purposes of obtaining reasonable
30 assurance concerning the identity of such requesting person,
31 and, to the extent required, assurance that the use will be
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SENATE AMENDMENT
Bill No. CS for SB 2008
Amendment No. ___ Barcode 491100
1 only as authorized or that the consent of the person who is
2 the subject of the personal information has been obtained.
3 Such conditions may include, but need not be limited to, the
4 making and filing of a written application in such form and
5 containing such information and certification requirements as
6 the department requires.
7 Section 2. Paragraph (aa) of subsection (3) of s.
8 119.07, Florida Statutes, is subject to the Open Government
9 Sunset Review Act of 1995 in accordance with s. 119.15,
10 Florida Statutes, and shall stand repealed on October 2, 2009,
11 unless reviewed and saved from repeal through reenactment by
12 the Legislature.
13 Section 3. The Legislature finds that it is a public
14 necessity that personal information in an individual's motor
15 vehicle record held by the Department of Highway Safety and
16 Motor Vehicles be exempt from public disclosure. Making such
17 personal information exempt conforms state law to the
18 requirements of the Federal Driver's Privacy Protection Act of
19 1994, as amended by s. 350 of Pub. L. No. 106-69, which
20 prohibits disclosure of such information of a sensitive,
21 personal nature, with specified exceptions. Additionally, the
22 Legislature notes that the state has a compelling interest in
23 regulating motor vehicles and motor vehicle drivers. The sale
24 of automobiles not only provides jobs for Floridians, but
25 taxes collected from their sale and use provide revenues to
26 the state. It should also be noted that automobiles also are
27 attractive targets for thieves. Theft of automobiles not only
28 deprives the lawful owners of their property but such theft
29 interferes with the chain of title and causes insurance rates
30 to rise. As a result, the state must collect information about
31 automobile sales, the sellers and buyers, insurance companies,
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SENATE AMENDMENT
Bill No. CS for SB 2008
Amendment No. ___ Barcode 491100
1 and other businesses. Further, the Legislature notes that
2 automobiles, if used improperly, can cause injury and death to
3 persons in this state. Therefore, the state, must ensure that
4 persons who drive in this state are properly trained,
5 licensed, and insured. As a result, the state must collect
6 personal information regarding persons who drive in this
7 state. The personal information that is contained in motor
8 vehicle records, if readily available for public inspection
9 and copying, could be used to invade the personal privacy of
10 the persons named in the records or it could be used for other
11 purposes, such as solicitation, harassment, stalking, and
12 intimidation. Limiting access to the state's motor vehicle
13 records will protect the privacy of persons who are listed in
14 those records and minimize the opportunity for invading that
15 privacy. Thus, the Legislature finds that such personal
16 information in motor vehicle records should be exempt from the
17 requirements of Article I, s. 24 of the State Constitution.
18 Nevertheless, the Legislature also notes that there are a
19 number of reasons that certain agencies, businesses, and other
20 persons should be granted limited access to exempt personal
21 information contained in motor vehicle records. The
22 Legislature finds that access to this personal information by
23 these governmental and private entities should be continued in
24 a limited, regulated fashion in order to balance the privacy
25 rights of persons named in motor vehicle records with the need
26 for these entities to perform certain important regulatory and
27 economic functions that are important to the health, safety,
28 and welfare of the citizens of the state. Persons named in
29 motor vehicle records may need to be notified of product
30 recalls, advisories, or product monitoring and manufacturers
31 and others need current addresses to contact them. Government
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SENATE AMENDMENT
Bill No. CS for SB 2008
Amendment No. ___ Barcode 491100
1 agencies, including courts and law enforcement agencies and
2 persons acting on their behalf, may need access to carry out
3 their legislatively assigned functions. Additionally,
4 researchers, investigators, insurance companies, and other
5 businesses and industries often must rely on personal
6 information in motor vehicle records to operate and perform
7 certain business functions. Such information should be
8 available in the normal course of business by legitimate
9 businesses, their agents, employees, or contractors to verify
10 the accuracy of personal information and to obtain correct
11 information; to prevent fraud; to pursue legal remedies
12 against; or to recover on a debt or security interest.
13 Further, such exempt information should be available for use
14 in connection with any civil, criminal, administrative, or
15 arbitral proceeding for service of process; execution of
16 enforcement of judgments and orders; compliance with an order
17 of any court; by insurers or support organizations in
18 connection with claims for investigation activities,
19 anti-fraud activities, and rating or underwriting; and for
20 providing notice to owners of towed or impounded vehicles.
21 Access to such exempt information should also be provided for
22 investigation in anticipation of litigation or for a filed
23 proceeding, but the Legislature finds that authorizing access
24 to motor vehicle records for these limited purposes should not
25 be construed to permit mass commercial solicitation of clients
26 for litigation against motor vehicle dealers because it would
27 be contrary to the limited access contemplated by the
28 exceptions to the exemption and would further invade the
29 privacy of persons named in these records. Further,
30 researchers, investigators, or insurance companies may need to
31 access the large database of motor vehicle records for use in
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SENATE AMENDMENT
Bill No. CS for SB 2008
Amendment No. ___ Barcode 491100
1 producing statistical reports, but the Legislature finds that
2 this access should not infringe upon the privacy of the
3 persons named in the records by publishing, redisclosing, or
4 using that information or to contact the named persons. Thus,
5 the Legislature specifically finds that it is a public
6 necessity that personal information in motor vehicle records
7 must be exempt, with the limited exceptions to that exemption
8 authorized herein.
9 Section 4. This act shall take effect October 1, 2004.
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13 And the title is amended as follows:
14 On page 1, lines 9-24, delete those lines
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16 and insert:
17 the record; revising certain conditions under
18 which the Department of Highway Safety and
19 Motor Vehicles may release information in
20 connection with a legal proceeding; revising
21 conditions for the release of information for
22 bulk distribution use; providing for release of
23 information when the department has obtained
24 consent from the subject of the record;
25 providing that the restrictions on the
26 disclosure of information do not affect the use
27 of organ donor information; providing for
28 future repeal and legislative review; providing
29 legislative finding of public necessity;
30 providing an effective date.
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