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.