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

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