Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 830
Barcode 942622
CHAMBER ACTION
Senate House
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03/13/2007 11:57 AM .
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11 The Committee on Transportation (Baker) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (2) of section 119.0712, Florida
19 Statutes, is amended to read:
20 119.0712 Executive branch agency-specific exemptions
21 from inspection or copying of public records.--
22 (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
23 (a) Personal information contained in a motor vehicle
24 record that identifies an individual the subject of that
25 record is confidential and exempt from s. 119.07(1) and s.
26 24(a), Art. I of the State Constitution except as provided in
27 this subsection section. Personal information includes, but is
28 not limited to, an individual's the subject's social security
29 number, driver identification number or identification card
30 number, name, address, telephone number, and medical or
31 disability information, and emergency contact information. For
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Bill No. SB 830
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1 purposes of this subsection, personal information does not
2 include information relating to vehicular crashes, driving
3 violations, and driver's status. For purposes of this
4 subsection, the term "motor vehicle record" means any record
5 that pertains to a motor vehicle operator's permit, motor
6 vehicle title, motor vehicle registration, or identification
7 card issued by the Department of Highway Safety and Motor
8 Vehicles.
9 (b) Personal information contained in motor vehicle
10 records made confidential and exempt exempted by this
11 subsection may shall be released by the department for any of
12 the following uses:
13 1.(a) For use in connection with matters of motor
14 vehicle or driver safety and theft; motor vehicle emissions;
15 motor vehicle product alterations, recalls, or advisories;
16 performance monitoring of motor vehicles and dealers by motor
17 vehicle manufacturers; and removal of nonowner records from
18 the original owner records of motor vehicle manufacturers, to
19 carry out the purposes of titles I and IV of the Anti Car
20 Theft Act of 1992, the Automobile Information Disclosure Act
21 (15 U.S.C. ss. 1231 et seq.), the Clean Air Act (42 U.S.C. ss.
22 7401 et seq.), and chapters 301, 305, and 321-331 of Title 49
23 U.S.C. the Automobile Information Disclosure Act, the Motor
24 Vehicle Information and Cost Saving Act, the National Traffic
25 and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act
26 of 1992, and the Clean Air Act.
27 2.(b) For use by any government agency, including any
28 court or law enforcement agency, in carrying out its
29 functions, or any private person or entity acting on behalf of
30 a federal, state, or local agency in carrying out its
31 functions.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 830
Barcode 942622
1 3.(c) For use in connection with matters of motor
2 vehicle or driver safety and theft; motor vehicle emissions;
3 motor vehicle product alterations, recalls, or advisories;
4 performance monitoring of motor vehicles, motor vehicle parts,
5 and dealers; motor vehicle market research activities,
6 including survey research; and removal of nonowner records
7 from the original owner records of motor vehicle
8 manufacturers.
9 4.(d) For use in the normal course of business by a
10 legitimate business or its agents, employees, or contractors,
11 but only:
12 a.1. To verify the accuracy of personal information
13 submitted by the individual to the business or its agents,
14 employees, or contractors; and
15 b.2. If such information as so submitted is not
16 correct or is no longer correct, to obtain the correct
17 information, but only for the purposes of preventing fraud by,
18 pursuing legal remedies against, or recovering on a debt or
19 security interest against, the individual.
20 5.(e) For use in connection with any civil, criminal,
21 administrative, or arbitral proceeding in any court or agency
22 or before any self-regulatory body for:
23 a.1. Service of process by any certified process
24 server, special process server, or other person authorized to
25 serve process in this state.
26 b.2. Investigation in anticipation of litigation by an
27 attorney licensed to practice law in this state or the agent
28 of the attorney; however, the information may not be used for
29 mass commercial solicitation of clients for litigation against
30 motor vehicle dealers.
31 c.3. Investigation by any person in connection with
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1 any filed proceeding; however, the information may not be used
2 for mass commercial solicitation of clients for litigation
3 against motor vehicle dealers.
4 d.4. Execution or enforcement of judgments and orders.
5 e.5. Compliance with an order of any court.
6 6.(f) For use in research activities and for use in
7 producing statistical reports, so long as the personal
8 information is not published, redisclosed, or used to contact
9 individuals.
10 7.(g) For use by any insurer or insurance support
11 organization, or by a self-insured entity, or its agents,
12 employees, or contractors, in connection with claims
13 investigation activities, anti-fraud activities, rating, or
14 underwriting.
15 8.(h) For use in providing notice to the owners of
16 towed or impounded vehicles.
17 9.(i) For use by any licensed private investigative
18 agency or licensed security service for any purpose permitted
19 under this subsection. Personal information obtained based on
20 an exempt driver's record may not be provided to a client who
21 cannot demonstrate a need based on a police report, court
22 order, or business or personal relationship with the subject
23 of the investigation.
24 10.(j) For use by an employer or its agent or insurer
25 to obtain or verify information relating to a holder of a
26 commercial driver's license that is required under 49 U.S.C.
27 ss. 31301 et seq.
28 11.(k) For use in connection with the operation of
29 private toll transportation facilities.
30 12.(l) For bulk distribution for surveys, marketing,
31 or solicitations when the department has obtained the express
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 consent of the person to whom such personal information
2 pertains.
3 13.(m) For any use if the requesting person
4 demonstrates that he or she has obtained the written consent
5 of the person who is the subject of the motor vehicle record.
6 14.(n) For any other use specifically authorized by
7 state law, if such use is related to the operation of a motor
8 vehicle or public safety.
9 15.(o) For any other use if the person to whom the
10 information pertains has given express consent in a format on
11 a form prescribed by the department. Such consent shall remain
12 in effect until it is revoked by the person on a form
13 prescribed by the department.
14 (c) Notwithstanding paragraph (b), without the express
15 consent of the person to whom such information applies, the
16 following information contained in motor vehicle records may
17 only be released as specified in this paragraph:
18 1. Social security numbers may be released only as
19 provided in subparagraphs (b)2., 5., 7., and 10.
20 2. An individual's photograph or image may be released
21 only as provided in s. 322.142.
22 3. Medical disability information may be released only
23 as provided in ss. 322.125 and 322.126.
24 4. Emergency contact information may be released only
25 to law enforcement agencies for purposes of contacting those
26 listed in the event of an emergency.
27 (d) The restrictions on disclosure of personal
28 information provided by this subsection shall not in any way
29 affect the use of organ donation information on individual
30 driver licenses or affect the administration of organ donation
31 initiatives in this state.
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1 (e)1. Personal information made confidential and
2 exempt exempted from public disclosure according to this
3 subsection may be disclosed by the Department of Highway
4 Safety and Motor Vehicles to an individual, firm, corporation,
5 or similar business entity whose primary business interest is
6 to resell or redisclose the personal information to persons
7 who are authorized to receive such information. Prior to the
8 department's disclosure of personal information, such
9 individual, firm, corporation, or similar business entity must
10 first enter into a contract with the department regarding the
11 care, custody, and control of the personal information to
12 ensure compliance with the federal Driver's Privacy Protection
13 Act of 1994 and applicable state laws.
14 2. An authorized recipient of personal information
15 contained in a motor vehicle record, except a recipient under
16 subparagraph (b)12. paragraph (l), may contract with the
17 Department of Highway Safety and Motor Vehicles to resell or
18 redisclose the information for any use permitted under this
19 section. However, only authorized recipients of personal
20 information under subparagraph (b)12. paragraph (l) may resell
21 or redisclose personal information pursuant to subparagraph
22 (b)12. paragraph (l).
23 3. Any authorized recipient who resells or rediscloses
24 personal information shall maintain, for a period of 5 years,
25 records identifying each person or entity that receives the
26 personal information and the permitted purpose for which it
27 will be used. Such records shall be made available for
28 inspection upon request by the department.
29 (f) The department may shall adopt rules to carry out
30 the purposes of this subsection and the federal Driver's
31 Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq.
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1 Rules adopted by the department may shall provide for the
2 payment of applicable fees and, prior to the disclosure of
3 personal information pursuant to this subsection, may shall
4 require the meeting of conditions by the requesting person for
5 the purposes of obtaining reasonable assurance concerning the
6 identity of such requesting person, and, to the extent
7 required, assurance that the use will be only as authorized or
8 that the consent of the person who is the subject of the
9 personal information has been obtained. Such conditions may
10 include, but need not be limited to, the making and filing of
11 a written application in such form and containing such
12 information and certification requirements as the department
13 requires.
14 (g) This subsection is subject to the Open Government
15 Sunset Review Act in accordance with s. 119.15 and shall stand
16 repealed October 2, 2012, unless reviewed and saved from
17 repeal through reenactment by the Legislature.
18 Section 2. The Legislature finds that it is a public
19 necessity that personal information in an individual's motor
20 vehicle record held by the Department of Highway Safety and
21 Motor Vehicles be made confidential and exempt from public
22 disclosure. Making such personal information confidential and
23 exempt conforms state law to the requirements of the Federal
24 Driver's Privacy Protection Act of 1994, as amended by s. 350
25 of Pub. L. No. 106-69, 18 U.S.C. ss. 2721-2725, which
26 prohibits disclosure of information of a sensitive, personal
27 nature, with specified exceptions. Additionally, the
28 Legislature notes that the state has a compelling interest in
29 regulating motor vehicles and motor vehicle drivers. The sale
30 of automobiles not only provides jobs for Floridians, but
31 taxes collected from their sale and use provide revenues to
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1 the state. It should also be noted that automobiles also are
2 attractive targets for thieves. Theft of automobiles not only
3 deprives the lawful owners of their property but interferes
4 with the chain of title and causes insurance rates to rise. As
5 a result, the state must collect information about automobile
6 sales, the sellers and buyers, insurance companies, and other
7 businesses. Further, the Legislature notes that automobiles,
8 if used improperly, can cause injury and death to persons in
9 this state. Therefore, the state must ensure that persons who
10 drive in this state are properly trained, licensed, and
11 insured. As a result, the state must collect personal
12 information regarding persons who drive in this state. The
13 personal information that is contained in motor vehicle
14 records, if readily available for public inspection and
15 copying, could be used to invade the personal privacy of the
16 persons identified in the records or could be used for other
17 purposes, such as solicitation, harassment, stalking, and
18 intimidation. Limiting access to the state's motor vehicle
19 records will protect the privacy of persons who are identified
20 in those records and minimize the opportunity for invading
21 that privacy. Thus, the Legislature finds that such personal
22 information in motor vehicle records should be exempt from the
23 requirements of s. 24(a), Art. I of the State Constitution.
24 Nevertheless, the Legislature also notes that there are a
25 number of reasons that certain agencies, businesses, and other
26 persons should be granted limited access to exempt personal
27 information contained in motor vehicle records. The
28 Legislature finds that access to this personal information by
29 these governmental and private entities should be continued in
30 a limited, regulated fashion in order to balance the privacy
31 rights of persons named in motor vehicle records with the need
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 for these entities to perform certain important regulatory and
2 economic functions that are important to the health, safety,
3 and welfare of the citizens of the state. Persons identified
4 in motor vehicle records may need to be notified of product
5 recalls, advisories, or product monitoring, and manufacturers
6 and others need current addresses to contact them. Government
7 agencies, including courts and law enforcement agencies and
8 persons acting on their behalf, may need access to carry out
9 their legislatively assigned functions. Additionally,
10 researchers, investigators, insurance companies, and other
11 businesses and industries often must rely on personal
12 information in motor vehicle records to operate and perform
13 certain business functions. Such information should be
14 available to legitimate businesses and their agents,
15 employees, or contractors in their normal course of business
16 to verify the accuracy of personal information and to obtain
17 correct information, to prevent fraud, to pursue legal
18 remedies, or to recover on a debt or security interest.
19 Further, such exempt information should be available for use
20 in connection with any civil, criminal, administrative, or
21 arbitral proceeding for service of process, execution or
22 enforcement of judgments and orders, and compliance with an
23 order of any court; for use by insurers or support
24 organizations in connection with claims, investigation
25 activities, anti-fraud activities, and rating or underwriting;
26 and for providing notice to owners of towed or impounded
27 vehicles. Access to such exempt information should also be
28 provided for investigation in anticipation of litigation or
29 for a filed proceeding, but the Legislature finds that
30 authorizing access to motor vehicle records for these limited
31 purposes should not be construed to permit mass commercial
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1 solicitation of clients for litigation against motor vehicle
2 dealers because it would be contrary to the limited access
3 contemplated by the exceptions to the exemption and would
4 further invade the privacy of persons named in these records.
5 Further, researchers, investigators, or insurance companies
6 may need to access the large database of motor vehicle records
7 for use in producing statistical reports, but the Legislature
8 finds that this access should not infringe upon the privacy of
9 the persons named in the records by publishing, redisclosing,
10 or using that information or to contact the named persons.
11 Thus, the Legislature specifically finds that it is a public
12 necessity that personal information in motor vehicle records
13 be made confidential and exempt with the limited exceptions to
14 that exemption authorized in this act.
15 Section 3. This act shall take effect July 1, 2007.
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18 ================ T I T L E A M E N D M E N T ===============
19 And the title is amended as follows:
20 Delete everything before the enacting clause
21
22 and insert:
23 A bill to be entitled
24 An act relating to public records; amending s.
25 119.0712, F.S.; revising the public-records
26 exemption for personal information in records
27 of the Department of Highway Safety and Motor
28 Vehicles; including identification card numbers
29 in a list of items that are considered personal
30 information; revising provisions for disclosure
31 of personal information in department records;
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1 providing conditions for the release of certain
2 information without the express consent of the
3 person to whom such information applies;
4 providing for future review and repeal;
5 providing a statement of public necessity;
6 providing an effective date.
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