Florida Senate - 2009                             CS for SB 1290
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Transportation
       
       
       
       585-04489-09                                          20091290c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act regarding personal information
    4         contained in motor vehicle records; amending s.
    5         119.0712, F.S.; removing provisions that are
    6         duplicative of the federal prohibition on the release
    7         and use of personal information contained in state
    8         motor vehicle records under the federal Driver's
    9         Privacy Protection Act of 1994; referencing federal
   10         law as controlling with respect to the confidentiality
   11         and release of such records; reorganizing provisions
   12         and making editorial and conforming changes; saving
   13         the exemption from repeal under the Open Government
   14         Sunset Review Act; repealing s. 2, ch. 2004-62, Laws
   15         of Florida, which provides for repeal of the
   16         exemption; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (2) of section 119.0712, Florida
   21  Statutes, is amended to read:
   22         119.0712 Executive branch agency-specific exemptions from
   23  inspection or copying of public records.—
   24         (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
   25         (a) For purposes of this subsection, the term "motor
   26  vehicle record" means any record that pertains to a motor
   27  vehicle operator's permit, motor vehicle title, motor vehicle
   28  registration, or identification card issued by the Department of
   29  Highway Safety and Motor Vehicles.
   30         (b)1.Personal information, including highly restricted
   31  personal information as defined in 18 U.S.C. s. 2725, contained
   32  in a motor vehicle record is confidential pursuant to the
   33  federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss.
   34  2721 et seq.
   35         2.Such information may be released only as authorized by
   36  that act; however, information received pursuant to that act may
   37  not be used for mass commercial solicitation of clients for
   38  litigation against motor vehicle dealers.
   39         (c)1.Emergency contact information Personal information
   40  contained in a motor vehicle record that identifies an
   41  individual is confidential and exempt from s. 119.07(1) and s.
   42  24(a), Art. I of the State Constitution except as provided in
   43  this subsection. Personal information includes, but is not
   44  limited to, an individual’s social security number, driver
   45  identification number or identification card number, name,
   46  address, telephone number, medical or disability information,
   47  and emergency contact information. For purposes of this
   48  subsection, personal information does not include information
   49  relating to vehicular crashes, driving violations, and driver’s
   50  status. For purposes of this subsection, the term “motor vehicle
   51  record” means any record that pertains to a motor vehicle
   52  operator’s permit, motor vehicle title, motor vehicle
   53  registration, or identification card issued by the Department of
   54  Highway Safety and Motor Vehicles.
   55         (b)Personal information contained in motor vehicle records
   56  made confidential and exempt by this subsection may be released
   57  by the department for any of the following uses:
   58         1.For use in connection with matters of motor vehicle or
   59  driver safety and theft; motor vehicle emissions; motor vehicle
   60  product alterations, recalls, or advisories; performance
   61  monitoring of motor vehicles and dealers by motor vehicle
   62  manufacturers; and removal of nonowner records from the original
   63  owner records of motor vehicle manufacturers, to carry out the
   64  purposes of Titles I and IV of the Anti Car Theft Act of 1992,
   65  the Automobile Information Disclosure Act (15 U.S.C. ss. 1231 et
   66  seq.), the Clean Air Act (42 U.S.C. ss. 7401 et seq.), and
   67  chapters 301, 305, and 321-331 of Title 49, United States Code.
   68         2.For use by any government agency, including any court or
   69  law enforcement agency, in carrying out its functions, or any
   70  private person or entity acting on behalf of a federal, state,
   71  or local agency in carrying out its functions.
   72         3.For use in connection with matters of motor vehicle or
   73  driver safety and theft; motor vehicle emissions; motor vehicle
   74  product alterations, recalls, or advisories; performance
   75  monitoring of motor vehicles, motor vehicle parts, and dealers;
   76  motor vehicle market research activities, including survey
   77  research; and removal of nonowner records from the original
   78  owner records of motor vehicle manufacturers.
   79         4.For use in the normal course of business by a legitimate
   80  business or its agents, employees, or contractors, but only:
   81         a.To verify the accuracy of personal information submitted
   82  by the individual to the business or its agents, employees, or
   83  contractors; and
   84         b.If such information as so submitted is not correct or is
   85  no longer correct, to obtain the correct information, but only
   86  for the purposes of preventing fraud by, pursuing legal remedies
   87  against, or recovering on a debt or security interest against,
   88  the individual.
   89         5.For use in connection with any civil, criminal,
   90  administrative, or arbitral proceeding in any court or agency or
   91  before any self-regulatory body for:
   92         a.Service of process by any certified process server,
   93  special process server, or other person authorized to serve
   94  process in this state.
   95         b.Investigation in anticipation of litigation by an
   96  attorney licensed to practice law in this state or the agent of
   97  the attorney; however, the information may not be used for mass
   98  commercial solicitation of clients for litigation against motor
   99  vehicle dealers.
  100         c.Investigation by any person in connection with any filed
  101  proceeding; however, the information may not be used for mass
  102  commercial solicitation of clients for litigation against motor
  103  vehicle dealers.
  104         d.Execution or enforcement of judgments and orders.
  105         e.Compliance with an order of any court.
  106         6.For use in research activities and for use in producing
  107  statistical reports, so long as the personal information is not
  108  published, redisclosed, or used to contact individuals.
  109         7.For use by any insurer or insurance support
  110  organization, or by a self-insured entity, or its agents,
  111  employees, or contractors, in connection with claims
  112  investigation activities, anti-fraud activities, rating, or
  113  underwriting.
  114         8.For use in providing notice to the owners of towed or
  115  impounded vehicles.
  116         9.For use by any licensed private investigative agency or
  117  licensed security service for any purpose permitted under this
  118  subsection. Personal information obtained based on an exempt
  119  driver’s record may not be provided to a client who cannot
  120  demonstrate a need based on a police report, court order, or
  121  business or personal relationship with the subject of the
  122  investigation.
  123         10.For use by an employer or its agent or insurer to
  124  obtain or verify information relating to a holder of a
  125  commercial driver’s license that is required under 49 U.S.C. ss.
  126  31301 et seq.
  127         11.For use in connection with the operation of private
  128  toll transportation facilities.
  129         12.For bulk distribution for surveys, marketing, or
  130  solicitations when the department has obtained the express
  131  consent of the person to whom such personal information
  132  pertains.
  133         13.For any use if the requesting person demonstrates that
  134  he or she has obtained the written consent of the person who is
  135  the subject of the motor vehicle record.
  136         14.For any other use specifically authorized by state law,
  137  if such use is related to the operation of a motor vehicle or
  138  public safety.
  139         15.For any other use if the person to whom the information
  140  pertains has given express consent in a format prescribed by the
  141  department. Such consent shall remain in effect until it is
  142  revoked by the person on a form prescribed by the department.
  143         2.(c)Notwithstanding paragraph (b), Without the express
  144  consent of the person to whom such emergency contact information
  145  applies, the emergency contact following information contained
  146  in a motor vehicle record records may only be released as
  147  specified in this paragraph:
  148         1.Social security numbers may be released only as provided
  149  in subparagraphs (b)2., 5., 7., and 10.
  150         2.An individual’s photograph or image may be released only
  151  as provided in s. 322.142.
  152         3.Medical disability information may be released only as
  153  provided in ss. 322.125 and 322.126.
  154         4.Emergency contact information may be released only to
  155  law enforcement agencies for purposes of contacting those listed
  156  in the event of an emergency.
  157         (d)The restrictions on disclosure of personal information
  158  provided by this subsection shall not in any way affect the use
  159  of organ donation information on individual driver licenses or
  160  affect the administration of organ donation initiatives in this
  161  state.
  162         (e)1.Personal information made confidential and exempt may
  163  be disclosed by the Department of Highway Safety and Motor
  164  Vehicles to an individual, firm, corporation, or similar
  165  business entity whose primary business interest is to resell or
  166  redisclose the personal information to persons who are
  167  authorized to receive such information. Prior to the
  168  department’s disclosure of personal information, such
  169  individual, firm, corporation, or similar business entity must
  170  first enter into a contract with the department regarding the
  171  care, custody, and control of the personal information to ensure
  172  compliance with the federal Driver’s Privacy Protection Act of
  173  1994 and applicable state laws.
  174         2.An authorized recipient of personal information
  175  contained in a motor vehicle record, except a recipient under
  176  subparagraph (b)12., may contract with the Department of Highway
  177  Safety and Motor Vehicles to resell or redisclose the
  178  information for any use permitted under this section. However,
  179  only authorized recipients of personal information under
  180  subparagraph (b)12. may resell or redisclose personal
  181  information pursuant to subparagraph (b)12.
  182         3.Any authorized recipient who resells or rediscloses
  183  personal information shall maintain, for a period of 5 years,
  184  records identifying each person or entity that receives the
  185  personal information and the permitted purpose for which it will
  186  be used. Such records shall be made available for inspection
  187  upon request by the department.
  188         (d)(f) The department may adopt rules to carry out the
  189  purposes of this subsection and the federal Driver’s Privacy
  190  Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. Rules adopted
  191  by the department may provide for the payment of applicable fees
  192  and, prior to the disclosure of personal information pursuant to
  193  this subsection or the federal Driver's Privacy Protection Act
  194  of 1994, 18 U.S.C. ss. 2721 et. seq., may require the meeting of
  195  conditions by the requesting person for the purposes of
  196  obtaining reasonable assurance concerning the identity of such
  197  requesting person, and, to the extent required, assurance that
  198  the use will be only as authorized or that the consent of the
  199  person who is the subject of the personal information has been
  200  obtained. Such conditions may include, but need not be limited
  201  to, the making and filing of a written application in such form
  202  and containing such information and certification requirements
  203  as the department requires.
  204         (g)This subsection is subject to the Open Government
  205  Sunset Review Act in accordance with s. 119.15 and shall stand
  206  repealed October 2, 2012, unless reviewed and saved from repeal
  207  through reenactment by the Legislature.
  208         Section 2. Section 2 of chapter 2004-62, Laws of Florida,
  209  is repealed.
  210         Section 3. This act shall take effect October 1, 2009.