HB 7027

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

CODING: Words stricken are deletions; words underlined are additions.