Florida Senate - 2020 SB 1030
By Senator Stargel
22-01276-20 20201030__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.0712, F.S.; creating public records exemptions for
4 certain information contained in any record that
5 pertains to a vessel title or vessel registration
6 issued by the Department of Highway Safety and Motor
7 Vehicles; providing exemptions from public records
8 requirements for e-mail addresses and cellular
9 telephone numbers collected by the department;
10 providing for retroactive application; requiring
11 disclosure of confidential information under certain
12 circumstances; providing for future legislative review
13 and repeal of the exemptions; providing statements of
14 public necessity; providing an 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; however, information received pursuant to that act
34 may not be used for mass commercial solicitation of clients for
35 litigation against motor vehicle dealers.
36 (c)1. Personal information, including highly restricted
37 personal information, contained in any record that pertains to a
38 vessel title or vessel registration issued by the Department of
39 Highway Safety and Motor Vehicles is confidential and exempt
40 from s. 119.07(1) and s. 24(a), Art. I of the State
41 Constitution. Such information in a vessel record may be
42 released only in the same manner provided for a motor vehicle
43 record pursuant to the Driver’s Privacy Protection Act of 1994,
44 18 U.S.C. ss. 2721 et seq. This exemption applies to vessel
45 records held before, on, or after the effective date of this
46 exemption.
47 2. This paragraph is subject to the Open Government Sunset
48 Review Act in accordance with s. 119.15 and shall stand repealed
49 on October 2, 2025, unless reviewed and saved from repeal
50 through reenactment by the Legislature.
51 (d)1. E-mail addresses and cellular telephone numbers
52 collected by the Department of Highway Safety and Motor Vehicles
53 or its agent tax collectors pursuant to chapter 319, chapter
54 320, chapter 322, chapter 324, or chapter 328 s. 319.40(3), s.
55 320.95(2), or s. 322.08(9) are exempt from s. 119.07(1) and s.
56 24(a), Art. I of the State Constitution. This exemption applies
57 to e-mail addresses and cellular telephone numbers held before,
58 on, or after the effective date of this exemption retroactively.
59 2. The department shall disclose such e-mail addresses or
60 cellular telephone numbers to its tax collector agents to send
61 electronic communications to such e-mail addresses or cellular
62 telephone numbers for the purpose of providing information about
63 the issuance of titles, registrations, disabled parking permits,
64 driver licenses, and identification cards; renewal notices; or
65 the tax collector’s office locations, hours of operation,
66 contact information, driving skills testing locations,
67 appointment scheduling information, or website information.
68 3. This paragraph is subject to the Open Government Sunset
69 Review Act in accordance with s. 119.15 and shall stand repealed
70 on October 2, 2025 2020, unless reviewed and saved from repeal
71 through reenactment by the Legislature.
72 (e)(d)1. Emergency contact information contained in a motor
73 vehicle record is confidential and exempt from s. 119.07(1) and
74 s. 24(a), Art. I of the State Constitution.
75 2. Without the express consent of the person to whom such
76 emergency contact information applies, the emergency contact
77 information contained in a motor vehicle record may be released
78 only to law enforcement agencies for purposes of contacting
79 those listed in the event of an emergency.
80 Section 2. (1) The Legislature finds that it is a public
81 necessity that personal information, including highly restricted
82 personal information, contained in any record that pertains to a
83 vessel title or vessel registration issued by the Department of
84 Highway Safety and Motor Vehicles be made confidential and
85 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
86 Article I of the State Constitution. Motorist personal
87 information, when held by the Department of Highway Safety and
88 Motor Vehicles in motor vehicle records, is confidential
89 pursuant to the Driver’s Privacy Protection Act of 1994, 18
90 U.S.C. ss. 2721 et seq., and s. 119.0712(2), Florida Statutes.
91 These restrictions on the disclosure of motorist personal
92 information do not apply to vessel titles or vessel
93 registrations. Because the personal information in vessel
94 records comprises much of the same information contained in
95 motor vehicle records, when personal information revealed in
96 vessel records is made available to the public, the protections
97 afforded by the Driver’s Privacy Protection Act of 1994, 18
98 U.S.C. ss. 2721 et seq., are significantly undermined, eroding
99 the privacy and safety of motorists. Therefore, the Legislature
100 finds that it is a public necessity to make personal information
101 contained in such vessel records confidential and exempt from
102 public records requirements. The Legislature further finds that
103 this public records exemption must be given retroactive
104 application because it is remedial in nature.
105 (2) The Legislature finds that it is a public necessity
106 that e-mail addresses and cellular telephone numbers collected
107 by the Department of Highway Safety and Motor Vehicles and its
108 tax collector agents pursuant to chapter 319, chapter 320,
109 chapter 322, chapter 324, or chapter 328, Florida Statutes, be
110 made confidential and exempt from s. 119.07(1), Florida
111 Statutes, and section 24(a), Article I of the State
112 Constitution. In order to communicate more effectively with
113 motorists through enhancements in information technology,
114 including efforts of the Motorist Modernization project, the
115 Department of Highway Safety and Motor Vehicles seeks to
116 increase communications with motorists through e-mail and text
117 messaging. If the e-mail addresses or cellular telephone numbers
118 of motorists are made available to the public, the impact on
119 motorist privacy and risk of unsolicited commercial solicitation
120 by e-mail or text message would have an undesirable chilling
121 effect on motorists’ voluntary use of electronic portals to
122 communicate with the department, thereby undermining the
123 effective use of these enhancements in information technology.
124 Therefore, the Legislature finds that it is a public necessity
125 to make such e-mail addresses and cellular telephone numbers
126 collected by the Department of Highway Safety and Motor Vehicles
127 confidential and exempt from public records requirements. The
128 Legislature further finds that this public records exemption
129 must be given retroactive application because it is remedial in
130 nature.
131 Section 3. This act shall take effect July 1, 2020.