Senate Bill sb0830

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    Florida Senate - 2007                                   SB 830

    By Senator Baker





    20-769-07

  1                      A bill to be entitled

  2         An act relating to records of the Department of

  3         Highway Safety and Motor Vehicles; amending s.

  4         119.0712, F.S.; including identification card

  5         numbers within those motor vehicle records held

  6         by the department which are exempt from

  7         requirements for public disclosure; providing

  8         for the release of personal information held by

  9         the department for purposes of complying with

10         specified federal laws; providing circumstances

11         under which social security numbers,

12         photographs and images, medical disability

13         information, and emergency contact information

14         held by the department may be released;

15         providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Subsection (2) of section 119.0712, Florida

20  Statutes, is amended to read:

21         119.0712  Executive branch agency-specific exemptions

22  from inspection or copying of public records.--

23         (2)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--

24         (a)  Personal information contained in a motor vehicle

25  record that identifies the subject of that record is exempt

26  from s. 119.07(1) and s. 24(a), Art. I of the State

27  Constitution except as provided in this section. Personal

28  information includes, but is not limited to, the subject's

29  social security number, driver identification number,

30  identification card number, name, address, telephone number,

31  and medical or disability information. For purposes of this

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    Florida Senate - 2007                                   SB 830
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 1  subsection, personal information does not include information

 2  relating to vehicular crashes, driving violations, and

 3  driver's status. For purposes of this subsection, the term

 4  "motor vehicle record" means any record that pertains to a

 5  motor vehicle operator's permit, motor vehicle title, motor

 6  vehicle registration, or identification card issued by the

 7  Department of Highway Safety and Motor Vehicles. Personal

 8  information contained in motor vehicle records exempted by

 9  this subsection shall be released by the department for any of

10  the following uses:

11         1.(a)  For use in connection with matters of motor

12  vehicle or driver safety and theft; motor vehicle emissions;

13  motor vehicle product alterations, recalls, or advisories;

14  performance monitoring of motor vehicles and dealers by motor

15  vehicle manufacturers; and removal of nonowner records from

16  the original owner records of motor vehicle manufacturers, to

17  carry out the purposes of Titles I and IV of the Anti-Car

18  Theft Act of 1992, the Automobile Information Disclosure Act,

19  15 U.S.C. ss. 1231 et seq., the Clean Air Act, 42 U.S.C. ss.

20  7401 et seq., and chapters 301, 305, and 321-331 of Title 49

21  U.S.C. the Automobile Information Disclosure Act, the Motor

22  Vehicle Information and Cost Saving Act, the National Traffic

23  and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act

24  of 1992, and the Clean Air Act.

25         2.(b)  For use by any government agency, including any

26  court or law enforcement agency, in carrying out its

27  functions, or any private person or entity acting on behalf of

28  a federal, state, or local agency in carrying out its

29  functions.

30         3.(c)  For use in connection with matters of motor

31  vehicle or driver safety and theft; motor vehicle emissions;

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    Florida Senate - 2007                                   SB 830
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 1  motor vehicle product alterations, recalls, or advisories;

 2  performance monitoring of motor vehicles, motor vehicle parts,

 3  and dealers; motor vehicle market research activities,

 4  including survey research; and removal of nonowner records

 5  from the original owner records of motor vehicle

 6  manufacturers.

 7         4.(d)  For use in the normal course of business by a

 8  legitimate business or its agents, employees, or contractors,

 9  but only:

10         a.1.  To verify the accuracy of personal information

11  submitted by the individual to the business or its agents,

12  employees, or contractors; and

13         b.2.  If such information as so submitted is not

14  correct or is no longer correct, to obtain the correct

15  information, but only for the purposes of preventing fraud by,

16  pursuing legal remedies against, or recovering on a debt or

17  security interest against, the individual.

18         5.(e)  For use in connection with any civil, criminal,

19  administrative, or arbitral proceeding in any court or agency

20  or before any self-regulatory body for:

21         a.1.  Service of process by any certified process

22  server, special process server, or other person authorized to

23  serve process in this state.

24         b.2.  Investigation in anticipation of litigation by an

25  attorney licensed to practice law in this state or the agent

26  of the attorney; however, the information may not be used for

27  mass commercial solicitation of clients for litigation against

28  motor vehicle dealers.

29         c.3.  Investigation by any person in connection with

30  any filed proceeding; however, the information may not be used

31  

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    Florida Senate - 2007                                   SB 830
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 1  for mass commercial solicitation of clients for litigation

 2  against motor vehicle dealers.

 3         d.4.  Execution or enforcement of judgments and orders.

 4         e.5.  Compliance with an order of any court.

 5         6.(f)  For use in research activities and for use in

 6  producing statistical reports, so long as the personal

 7  information is not published, redisclosed, or used to contact

 8  individuals.

 9         7.(g)  For use by any insurer or insurance support

10  organization, or by a self-insured entity, or its agents,

11  employees, or contractors, in connection with claims

12  investigation activities, anti-fraud activities, rating, or

13  underwriting.

14         8.(h)  For use in providing notice to the owners of

15  towed or impounded vehicles.

16         9.(i)  For use by any licensed private investigative

17  agency or licensed security service for any purpose permitted

18  under this subsection. Personal information obtained based on

19  an exempt driver's record may not be provided to a client who

20  cannot demonstrate a need based on a police report, court

21  order, or business or personal relationship with the subject

22  of the investigation.

23         10.(j)  For use by an employer or its agent or insurer

24  to obtain or verify information relating to a holder of a

25  commercial driver's license that is required under 49 U.S.C.

26  ss. 31301 et seq.

27         11.(k)  For use in connection with the operation of

28  private toll transportation facilities.

29         12.(l)  For bulk distribution for surveys, marketing,

30  or solicitations when the department has obtained the express

31  

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    Florida Senate - 2007                                   SB 830
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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         (b)  Notwithstanding paragraph (a), without the express

15  consent of the person to whom such information applies, the

16  following information contained in motor vehicle records may

17  be released only as specified in this paragraph:

18         1.  Notwithstanding s. 119.071(5)(a), social security

19  numbers may be released only as provided in subparagraphs

20  (a)2., 5., 7., and 10.

21         2.  An individual's photograph or image may be released

22  only as provided in s. 322.142.

23         3.  Medical disability information may be released only

24  as provided in ss. 322.125 and 322.126.

25         4.  Emergency contact information held by the

26  department may be released in the event of an emergency only

27  to a law enforcement agency for purposes of contacting persons

28  listed in that information and may not be released for any

29  other purpose.

30         (c)  The restrictions on disclosure of personal

31  information provided by this subsection shall not in any way

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 1  affect the use of organ donation information on individual

 2  driver licenses or affect the administration of organ donation

 3  initiatives in this state. Personal information exempted from

 4  public disclosure according to this subsection may be

 5  disclosed by the Department of Highway Safety and Motor

 6  Vehicles to an individual, firm, corporation, or similar

 7  business entity whose primary business interest is to resell

 8  or redisclose the personal information to persons who are

 9  authorized to receive such information. Prior to the

10  department's disclosure of personal information, such

11  individual, firm, corporation, or similar business entity must

12  first enter into a contract with the department regarding the

13  care, custody, and control of the personal information to

14  ensure compliance with the federal Driver's Privacy Protection

15  Act of 1994 and applicable state laws. An authorized recipient

16  of personal information contained in a motor vehicle record,

17  except a recipient under subparagraph (a)12. paragraph (l),

18  may contract with the Department of Highway Safety and Motor

19  Vehicles to resell or redisclose the information for any use

20  permitted under this section. However, only authorized

21  recipients of personal information under subparagraph (a)12.

22  paragraph (l) may resell or redisclose personal information

23  pursuant to subparagraph (a)12. paragraph (l). Any authorized

24  recipient who resells or rediscloses personal information

25  shall maintain, for a period of 5 years, records identifying

26  each person or entity that receives the personal information

27  and the permitted purpose for which it will be used. Such

28  records shall be made available for inspection upon request by

29  the department. The department 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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    Florida Senate - 2007                                   SB 830
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 1  Rules adopted by the department shall provide for the payment

 2  of applicable fees and, prior to the disclosure of personal

 3  information pursuant to this subsection, shall require the

 4  meeting of conditions by the requesting person for the

 5  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         Section 2.  This act shall take effect upon becoming a

15  law.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Revises and clarifies certain requirements governing the
      release of motor vehicle records held by the Department
20    of Highway Safety and Motor Vehicles. Specifies
      circumstances under which social security numbers,
21    photographs and images, medical disability information,
      and emergency contact information may be released.
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