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

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